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.).

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