Court File and Parties
COURT FILE NO.: 391/02
DATE: 20030708
ONTARIO
SUPERIOR COURT OF JUSTICE
DIVISIONAL COURT
B E T W E E N:
JOHN STONEMAN, SARAH STONEMAN and MAKO FILMS LTD.
Plaintiffs/Applicants
- and -
J. GARY GLADMAN, FRANK MONTELEONE, A. FARBER & PARTNERS INC. and MAXIMA FILM CORPORATION
Defendants/Respondents
James C. Morton, for the Plaintiffs/Applicants
Anthony J. O’Brien, for the Defendants/Respondents
Reasons released June 23, 2003
Pitt J.
ADDENDUM RE COSTS
[1] I have read and considered the submissions of the parties.
[2] Whether a legal issue is or is not novel is itself often subject to argument.
[3] This issue raised was, however, an important one and the Master, as I recall, cited no authority in her reasons. While the circumstances were unique, there were several guiding authorities.
[4] It is clear that counsel were required to do some significant preparation. I do not believe that a proper case has been made for departing from the rule that awards costs to the successful party.
[5] I believe and find that the amount claim of $5,915.04 is appropriate in the circumstances.
Pitt J.
Released: 20030708
COURT FILE NO.: 391/02
DATE: 20030708
ONTARIO
SUPERIOR COURT OF JUSTICE
DIVSIONAL COURT
B E T W E E N:
JOHN STONEMAN, SARAH STONEMAN and MAKO FILMS LTD.
Plaintiffs/Applicants
- and -
J. GARY GLADMAN, FRANK MONTELEONE, A. FARBER & PARTNERS INC. and MAXIMA FILM CORPORATION
Defendants/Respondents
ADDENDUM RE COSTS
Pitt J.
Released: 20030708