Chitiz Pathak Secures Cost Award Against AlarmForce

May 28, 2015

Chitiz Pathak obtained $45,000 as “reasonable” costs for the defendants after a motion for an injunction was abandoned by AlarmForce Industries Inc.

After hearing submissions from the parties, the Honourable Justice Dow of the Superior Court of Justice, ordered that AlarmForce pay a total of $45,000 in costs to Think Protection Inc. (“Think Protection”), Joel Matlin, Adam Matlin, David Costantini and Maciej Gerwel. 

Daniel Chitiz and Tamara Ramsey acted for David Costantini and Maciej Gerwel, two former employees of AlarmForce, who accepted offers of employment from Joel and Adam Matlin to join their new home alarm company, Think Protection. Among other things, AlarmForce originally sought to prevent Messrs Costantini and Gerwel from working for Think Protection, but abandoned the motion after the exchange of affidavit evidence.

Mr. Justice Dow found that it was appropriate for Chitiz Pathak, as counsel to Messrs Costantini and Gerwel, to have taken the lead in responding to the motion. His Honour declined to specify whether costs were being awarded on a partial or substantial indemnity basis and instead fixed an amount that he considered to be “reasonable” in all the circumstances. He awarded $30,000 in costs to Messrs Costantini and Gerwel and $15,000 to Think Protection and the Matlins.

For an article in Security Systems News about the decision, click here.

Daniel Chitiz, Litigation News, Tamara Ramsey