Court File and Parties

COURT OF APPEAL FOR ONTARIO DATE: 20241127 DOCKET: COA-24-CV-0325

Hourigan, Madsen and Pomerance JJ.A.

BETWEEN

Matthew Preston Plaintiff (Respondent)

and

Cervus Equipment Corporation Defendant (Appellant)

Counsel: Tudor Carsten, for the appellant Kevin Fox, for the respondent

Heard: October 24, 2024

On appeal from the judgment of Justice John Callaghan of the Superior Court of Justice, dated February 9, 2024.

Costs Endorsement

[1] This costs endorsement is further to our reasons dated November 1, 2024. In our reasons, we invited the parties to make submissions regarding the costs of the proceedings below if they were unable to agree on the issue.

[2] We have received and reviewed the parties’ written submissions. We order that the respondent Matthew Preston pay to the appellant Cervus Equipment Corporation its costs of the motion in the all-inclusive amount of $30,000.

“C.W. Hourigan J.A.”

“L. Madsen J.A.”

“R. Pomerance J.A.”