) ) SAFA ALMALKI, NAZIH ALMALKI, YOUSSEF ALMALKI v. BASSAM, 2017 ONSC 4259

CITATION : Almalki v. Canada (A.G.), 2017 ONSC 4259 COURT FILE NO.: 10-49681 DATE: 20170710 ONTARIO SUPERIOR COURT OF JUSTICE BETWEEN: ) ) SAFA ALMALKI, NAZIH ALMALKI, YOUSSEF ALMALKI and BASSAM KANDAR Plaintiffs/Responding Parties – and – ATTORNEY GENERAL OF CANADA Defendant/Moving Party ) ) ) ) ) ) ) ) ) ) ) Paul Champ, for the Plaintiffs/Responding Parties Elizabeth Richards and Craig Collins- Williams, for the Defendants/Moving Party ) ) ) HEARD: By written submissions decision on costs R. Smith J. [ 1 ] The Plaintiffs seek costs of $37,307.90 on a partial indemnity basis for successfully opposing a motion for

summary judgement and a Rule 21 motion to strike the claim for a breach of their s.6 Charter Mobility Rights under the Canadian Charter of Rights and Freedoms ,

Part 1 of the Constitution Act , 1982, being

Schedule B of the Canada Act 1982 (U.K.), 1982, c.11 [the “ Charter ”] [ 2 ] The Defendant does not dispute the amount claimed other than for the costs related to the novel issue of the allegation that the Plaintiffs’ Mobility Rights under s.6 of the Charter had been breached. [ 3 ] I agree with the Defendant that the alleged breach of their s.6 Charter Mobility Rights is a novel issue; and as a result, the amount of $7,000 as the costs for this motion shall be in the cause. Disposition [ 4 ] The Defendant is ordered to pay costs of $30,000 inclusive of fees, disbursements and taxes for the

summary judgment motion. Mr. Justice Robert J. Smith Released: July 10, 2017 CITATION : Almalki v. Canada (A.G.), 2017 ONSC 4259

COURT FILE NO.: 10-49681 DATE: 20170710 ONTARIO SUPERIOR COURT OF JUSTICE BETWEEN: SAFA ALMALKI, NAZIH ALMALKI, YOUSSEF ALMALKI and BASSAM KANDAR Plaintiffs/Responding Parties – and – ATTORNEY GENERAL OF CANADA Defendant/Moving Party decision on costs R. Smith J. Released: July 10, 2017