On February 27, 2023, the motion brought by the plaintiffs, Sanjiv Joshi (“Joshi”) and Xpert Law Inc. (“Xpert”), for an interlocutory order reinstating Joshi as an officer of the Olympia Health Athletic Camps Limited (“Olympia”) and removing David Grace (“Grace”) from his position as a Director of Olympia and the defendant, 563973 Ontario Limited (“Parent Co”) (collectively the “Companies”) and permitting Joshi to solely manage the Companies, was dismissed.
Grace had sought costs of this motion in the amount of $134,975.60 in fees on a substantial indemnity basis, plus disbursements in the amount of $9,763.41, plus H.S.T., or alternatively in the amount of $116,980.10 on a partial indemnity basis, plus the same disbursements.
Joshi had asserted that no costs should be awarded or that they should be awarded in the cause. His secondary position was that they should be awarded on a partial indemnity basis and reduced from that claimed by Grace on the basis of inappropriate inclusions from a review of the invoices.
The court ruled that Grace was awarded $103,456 in costs on a substantial indemnity basis, payable within 30 days.