Background

• LivingArt Kitchens Inc. sued former employees/independent contractors, their associated companies, and family members.
• Plaintiff sought extensive interlocutory injunctive relief, which was dismissed.
• Defendants sought costs for the legal proceedings.

Cost Claims

• Defendants' Joint Submission: $226,408.58 in total
  • Merenich: $46,408.58 (substantial indemnity basis)
  • Sokolov: $60,000 (substantial indemnity basis)
  • Rada Group Defendants: $120,000 (partial indemnity basis)
• Plaintiff's Submission:
  • Defendants should receive $0.00 due to lack of prior cost outlines.
  • Alternatively, partial indemnity costs totaling $49,172.50.

Court's Decision on Costs

• Total Awarded: $170,000
  • Merenich: $35,000 (partial indemnity)
  • Sokolov and Rada Group jointly: $135,000 (partial indemnity)
• Reasoning:
  • Costs are awarded based on fairness, reasonableness, and the parties’ expectations.
  • Both parties contributed to procedural inefficiencies and unnecessary complications, but LivingArt was found to be predominantly at fault.
  • Defendants’ claims were partially reduced due to their own unreasonable claims and contributions to the procedural issues.

Legal Principles Cited

• Section 131 of the Courts of Justice Act
• Rule 57.01(1) of the Rules of Civil Procedure
• Emphasis on the principle of indemnity, reasonableness, and expectations of the unsuccessful party.

Key Observations

1. All parties failed to fully comply with procedural rules and evidence laws.
2. LivingArt’s conduct was most significantly at fault, involving excessive and unwarranted legal expenditures.
3. The costs awarded reflect the fair and reasonable expectations based on the circumstances and contributions to procedural delays.