24 Feb 2025
Bazar McBean LLP v 1583057 Ontario Inc. et al.
2025 ONSC 393
- Claim: Bazar McBean LLP (Plaintiff) sought payment for four invoices totaling $57,620.96, plus interest of $98,028.25.
- Outcome:
- Plaintiff succeeded in claiming payment for three of the four invoices.
- One invoice was dismissed as statute-barred.
- The court ruled that Brian Alger was personally liable.
- Plaintiff was entitled to interest, but only at the Courts of Justice Act (CJA) rate, not the 16.1% per annum claimed.
2025 ONSC 1226 – Costs Decision
- Total Judgment: $56,738.39 (including $2,861.76 in interest).
- Costs Award:
- Plaintiff sought $46,698.61 in costs.
- The court reduced the costs award to $18,000, considering the plaintiff’s limited success, particularly the reduction of the interest claim from $98,028.25 to $2,861.76.
- The defendants’ prior settlement offer was considered reasonable but did not fully account for costs or interest.
Final Outcome:
- The plaintiff won the claim but recovered significantly less than sought.
- The defendant was ordered to pay $56,738.39 in principal and interest.
- Plaintiff was awarded $18,000 in costs.