1445369 Ontario Inc. v. Bandkohal

1445369 Ontario Inc. v. Bandkohal

The motion judge's factual findings that the assignment obligation was waived and that the indemnity was given with a clear understanding are supported by the record and are authoritative; the costs award was within the motion judge's discretion except for one bill unrelated to the litigation, warranting a $2,000...

Source-derived case information.

Citation
2014 ONCA 346
Parties
Plaintiff (respondent): 1445369 Ontario Inc.; Plaintiff (respondent): Dr. Raza Khan; Defendant (appellant): Hanan Bandkohal also known as Hana Bandkohal; Plaintiff to the Counterclaim: Hanan Bandkohal; Defendant to the Counterclaim: Dr. Raza Khan Medicine Professional Corporation; Defendant to the Counterclaim: Raza Muhammed Khan; Defendant to the Counterclaim: 1445369 Ontario Inc.
Court
Court of Appeal for Ontario
Jurisdiction
Canada
Judgment Date
1 May 2014
Procedural Posture
Collection / Appeal From Motion Judge's Decision (superior Court of Justice)
Outcome
Appeal dismissed except for costs where leave was granted to adjust the costs award by $2,000.
Legal Topics
Assignment, Indemnity, Waiver, Costs Quantum, Interpretation of Indemnity
Source Language
english
Civil Collection Costs Assignment Indemnity Waiver Costs Quantum Interpretation of Indemnity

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Parties

1445369 Ontario Inc.

Plaintiff (respondent)

Dr. Raza Khan

Plaintiff (respondent)

Hanan Bandkohal also known as Hana Bandkohal

Defendant (appellant)

Hanan Bandkohal

Plaintiff to the Counterclaim

Dr. Raza Khan Medicine Professional Corporation

Defendant to the Counterclaim

Raza Muhammed Khan

Defendant to the Counterclaim

1445369 Ontario Inc.

Defendant to the Counterclaim

Procedural Posture

Collection / Appeal From Motion Judge's Decision (superior Court of Justice)

Legal Issues

  1. 1 Whether the assignment obligation was waived
  2. 2 Whether the indemnity obligation should be given the legal effect as found by the motion judge
  3. 3 Whether the motion judge erred in exercising discretion in fixing costs and quantum

Ratio Decidendi

The motion judge's factual findings that the assignment obligation was waived and that the indemnity was given with a clear understanding are supported by the record and are authoritative; the costs award was within the motion judge's discretion except for one bill unrelated to the litigation, warranting a $2,000 reduction.

Court Disposition

Appeal dismissed except for costs where leave was granted to adjust the costs award by $2,000.

Orders

  • Appeal dismissed except as to costs
  • Costs awarded below are reduced by $2,000 to reflect services not related to the litigation