Ever Fresh Direct Foods Inc. v. Jamia Islamia Canada Ltd., 2014 ONCA 898 (CanLII)

COURT OF APPEAL FOR ONTARIO

CITATION: Ever Fresh Direct Foods Inc. v. Jamia Islamia Canada Ltd.,

2014 ONCA 898

DATE: 20141215

DOCKET: C58628

Laskin, Cronk and Pepall JJ.A.

BETWEEN

Ever Fresh Direct Foods Inc.

Applicant

(Appellant)

and

Jamia Islamia Canada Ltd.

Respondent

(Respondent)

Ronald Birken, for the appellant

Anser Farooq, for the respondent

Heard and released orally: December 5, 2014

On appeal from the composite order of Justice K. Barnes of the Superior Court of Justice, dated March 17, 2014, May 13, 2014 and June 26, 2014.

ENDORSEMENT

[1]         We see no basis for interference with the motion judge’s contempt findings.  The challenged findings were supported by the evidentiary record before the motion judge and, in significant part, were grounded on his adverse credibility findings.

[2]         We agree with the appellant, however, that some reduction of the motion judge’s $40,000 award in favour of the respondent for the costs of the contempt motion is necessary.  The respondent acknowledges that the amount sought by it and awarded by the motion judge was on the full indemnity scale.  Further, the amount awarded was in excess of the respondent’s claimed costs and almost four times the amount of the appellant’s costs on the contempt motion.  In the circumstances, the costs awarded to the respondent on the contempt motion are reduced to the total amount of $25,000.

[3]         In addition, the parties request that the amount of costs awarded in paragraphs 8, 9 and 10 of the motion judge’s composite order dated March 17, 2014, May 13, 2014 and June 26, 2014 be confirmed in the total amount of $11,300 and we so order.

[4]         In all other respects, the motion judge’s costs rulings are also confirmed.

[5]         The appeal, therefore, is allowed in part in accordance with these reasons.  There are no costs awarded on this appeal.

“John Laskin J.A.”

“E.A. Cronk J.A.”

“S.E. Pepall J.A.”

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