Court Information

COURT OF APPEAL FOR ONTARIO DATE: 20230208 DOCKET: C70134

Before: van Rensburg, Sossin and Copeland JJ.A.

Parties

BETWEEN

Northwinds Brewery Ltd. Plaintiff/Defendant by Counterclaim (Respondent)

and

Caralyse Inc. Defendant/Plaintiff by Counterclaim (Appellant)

Counsel

Bryan Fromstein and A. Fabio Longo, for the appellant Gasper Galati and Phillip Wallner, for the respondent

Hearing Details

Heard: November 21, 2022

On appeal from the judgment of Justice John R. McCarthy of the Superior Court of Justice, dated November 26, 2021, with reasons reported at 2021 ONSC 7682, and from the costs order, dated March 16, 2022, with reasons reported at 2022 ONSC 165.

COSTS ENDORSEMENT

[1] We released our decision on the appeal in this matter on January 12, 2023, and invited written submissions if the parties were unable to agree on the costs of the appeal. We have reviewed the written submissions and costs outlines.

[2] Taking into account the success of the appellant on one issue on the appeal, and the fact that the balance of the appeal was dismissed, we fix costs of the appeal at $20,000, inclusive of HST and disbursements, payable by the appellant to the respondent.

“K. van Rensburg J.A.”

“L. Sossin J.A.”

“J. Copeland J.A.”