Siddiqui v. Mir, 2006 CanLII 1457 (ON SC)

COURT FILE NO.: 04-CV-279926SR

DATE: 20060124

ONTARIO

SUPERIOR COURT OF JUSTICE

B E T W E E N:

ABU B. SIDDIQUI

Plaintiff

– and –

MOHSIN MIR

Defendant

Alnaz I. Jiwa for the Plaintiff

Anser Farooq for the Defendant

Reasons released: December 15, 2005

Pitt J.

ADDENDUM RE COSTS

[1] I have read and considered the submissions of the parties, and I have taken into account the factors set out in rule 57.01 of the Rules of Civil Procedure, R.R.O. 1990, Reg. 194.

[2] I am required to award costs that are reasonable and fair. See Boucher v. Public Accountants Council for the Province of Ontario (2004), 2004 CanLII 14579 (ON CA), 71 O.R. (3d) 291 (C.A.).
[3] The plaintiff instituted the proceeding by way of application, rather than action. When the application judge converted the proceeding into an action, the plaintiff decided to proceed under the simplified rules, with the results noted briefly in my reasons for judgment
[4] I find that the scale of costs ought to be on a partial indemnity basis, in the sum of $7,500.00 for fees and $2,600.00 for disbursements. The cost award of $750.00 that the application judge ordered to be paid by the plaintiff to the defendant is to be deducted from this award.
[5] All of which is ordered.

_________________________________

Pitt J.

Released: January 24, 2006

COURT FILE NO.: 04-CV-279926SR

DATE: 20050124

ONTARIO

SUPERIOR COURT OF JUSTICE

B E T W E E N:

ABU B. SIDDIQUI

Plaintiff

– and –

MOHSIN MIR

Defendant

ADDENDUM RE COSTS

Pitt J.
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