Mr. J. Cook

The parties sought the court's assistance to settle the form and content of an order stemming from previous decisions (2021 ONSC 6850 and 2022 ONSC 411).

The court clarified the operative parts of the order, directing the appointment of an appraiser for the plaintiffs, the plaintiffs' participation in the appraisal, and the plaintiffs' payment of $2,500.00 in costs to Aviva Insurance Company.

The court emphasized its role in ensuring the formal order accurately reflects the original decision, not re-litigating issues.

This endorsement addresses the costs of an unsuccessful interim injunction motion brought by 2184472 Ontario Inc. (Escrow) against 1637601 Ontario Limited (the Landlord) and 147 Dunlop Street East Inc. (147).

The Landlord sought substantial indemnity costs, and 147 sought partial indemnity costs.

Escrow argued against paying costs, citing 147's recanting of an undertaking that necessitated an emergency hearing.

The court found no basis for substantial indemnity costs, as there was no evidence of bad faith.

It also found the hours claimed by both respondents to be excessive, partly due to the rushed preparation caused by 147's conduct.

Applying principles of fairness and reasonableness, the court awarded partial indemnity costs of $11,500 to the Landlord and $5,950 to 147, both amounts all-inclusive.