Court File and Parties

Court File No.: 321/06 Date: 2007-01-29 Superior Court of Justice - Ontario Divisional Court

Re: Bertina Alfano, Trustee of the Carmen Alfano Family Trust, Bertina Alfano, Italo Alfano, Trustee of the Italo Alfano Family Trust, Italo Alfano, Ulti Alfano Trustee of the Ulti Alfano Family Trust and Ulti Alfano (Plaintiffs) v. Christian Piersanti, Piersanti and Co. Barristers and Solicitors, Gold Financial Corp., Osler Paving Ltd., 758626 Ontario Limited now known as Diligent Financial Corporation, 1281111 Ontario Limited, 1269906 Ontario Limited and 1281632 Ontario Limited, 1212700 Ontario Limited and Terry Piersanti, also known as Terry Scatcherd, 1281038 Ontario Limited, 3964400 Canada Inc. (Defendants)

And Between: Christian Piersanti, Diligent Financial Corporation and 1212700 Ontario Limited (Plaintiffs by Counterclaim) and Bertina Alfano, Italo Alfano, Ultimino Alfano, Joe Alfano, 815748 Ontario Limited, Ontario Power Contracting Limited, Puslinch Investments Inc., 1026864 Ontario Limited (Defendants by Counterclaim)

Before: Justice Then

Counsel: M. Boussidan and J. Diamond, for the Plaintiffs K. Rosenberg and M. Waddell, for the Defendants

Heard: Written Submissions

Endorsement As To Costs

[1] On July 31, 2006 this Court dismissed the application for leave to appeal made by the Gold defendants from the order of Spence J. made on June 21, 2006.

[2] It is common ground that costs should follow the event and should be fixed on a partial indemnity basis. Only the quantum of costs is in dispute as the plaintiffs/respondents on the leave application, seek costs in the amount of $13,257.73 whereas the defendants/applicants for leave submit that the appropriate costs award is $2,500.00.

[3] Having regard to the factors set out in subrule 57.01(1) and in particular the nature and complexity of the issues upon which leave was sought, I am of the view that the costs sought by the plaintiffs/respondents are excessive. In my view, the participation of two counsel in the preparation of the application and cross motion as well as the attendance on the application was unnecessary.

[4] Having regard to the factors set out in subrule 57.01(1) the award of costs on a partial indemnity basis to the plaintiffs/respondents on the application for leave which is fair and reasonable is $5,000.00 all inclusive.

Then J.

Date: January 29, 2007