NATURE OF MOTION
[1] Manar Srajeldin retained Joseph Zayouna to bring an action on her behalf against the Toronto Transit Commission (“TTC”) and one of its streetcar drivers for damages for personal injury she suffered in a collision with a streetcar in 2009. A year later, when a TTC Claims Adjuster made an offer to settle the action, Mr. Zayouna falsely informed the Adjuster that he had received instructions to settle for the amount offered. Later, when Mr. Zayouna was unable to secure his client’s signature on a release that the TTC had sent to him, he informed the Adjuster that he had been instructed to proceed to litigation.
[2] The TTC moved for judgment in accordance with the settlement the Adjuster believed he had reached with Mr. Zayouna. Ms. Srajeldin opposed the motion, and her new lawyer advised Mr. Zayouna that she would be seeking the costs of the motion against Mr. Zayouna personally. I dismissed the TTC’s motion, but found that Mr. Zayouna had precipitated the motion and should personally pay the costs that the TTC and Ms. Srajeldin had incurred in connection with it.
[3] The court must determine the amount of costs that Mr. Zayouna should pay to the TTC and to Ms. Srajeldin.