No order of costs payable from funds paid into court as other parties might have claim

Civil Practice and Procedure – Costs – Particular orders as to costs

Plaintiffs were successful on motion for order requiring that surplus sale proceeds arising from sale by receiver of defendant’s property to be paid into court pending determination of plaintiffs’ claims. Plaintiffs sought costs of motion in fixed amount of $20,000 payable from funds paid into court. Costs sought by plaintiffs were excessive. Fair and reasonable award of costs was $12,500 inclusive of disbursements and HST. Court was not inclined to order costs payable from funds paid into court as other parties might also have claim to funds and it was not yet clear funds fully belonged to defendant.

Oriental Garden Chinese & Vietnamese Restaurant Inc. et al. v. Nguyen (2019), 2019 CarswellOnt 9653, 2019 ONSC 2417, T.J. Nieckarz J. (Ont. S.C.J.); additional reasons (2018), 2018 CarswellOnt 22524, 2018 ONSC 7538, T.J. Nieckarz J. (Ont. S.C.J.).

Case Law is a weekly summary of notable civil and criminal court decisions by the Supreme Court of Canada, the Federal Court of Canada and all Ontario courts. These cases may be found online in WestlawNext Canada. To subscribe, please visit store.thomsonreuters.ca

Free newsletter

Our newsletter is FREE and keeps you up to date on all the developments in the Ontario legal community. Please enter your email address below to subscribe.

Recent articles & video

LSO Convocation approves license proposal for non-lawyer family legal services providers

Recent ruling a 'cautionary tale' for start-ups, says IP lawyer

OCA refuses to extend intrusion upon seclusion liability to hacked commercial database holders

Law Society of Ontario extends virtual verification until January 2024

Ontario Court of Appeal upholds summary judgment in seller's favour after buyer fails to close

Heather Johnston joins Law Foundation of Ontario's board of trustees

Most Read Articles

Seven new judges join Ontario Court of Justice

LSO and federation push Metrolinx to find alternative to new subway station on Osgoode Hall property

LSO Convocation approves license proposal for non-lawyer family legal services providers

OCA refuses to extend intrusion upon seclusion liability to hacked commercial database holders