All Canadian Mechanical v. Henderson et al, 2012 ONSC 5620

CITATION: All Canadian Mechanical v. Henderson et al, 2012 ONSC 5620

COURT FILE NO.: DC-10-11

DATE: 2012-10-05

SUPERIOR COURT OF JUSTICE – ONTARIO

RE: All Canadian Mechanical and Electrical Inc.

and

Ryan Henderson and Ryan Cyrankiewicz, c.o.b. as Tabu Nightclub

COURT FILE NO.: DC-7-11

RE: Andy Wilson, c.o.b. as A W Electricial Services

and

Ryan Henderson and Ryan Cyrankiewicz, c.o.b. as Tabu Nightclub

COURT FILE NO.: DC-9-11

RE: JAS 3 Heating Cooling Refrigeration

and

Ryan Henderson and Ryan Cyrankiewicz, c.o.b. as Tabu Nightclub

COURT FILE NO.: DC-8-11

RE: Stanton Mechanical Ltd.

and

Ryan Henderson and Ryan Cyrankiewicz, c.o.b. as Tabu Nightclub

BEFORE: The Honourable Mr. Justice P.J. Flynn

COUNSEL: Steven D. Gadbois, Counsel for the Appellants (Plaintiffs)

Timothy J. McGurrin, Counsel for the Defendants (Respondents)

COSTS ENDORSEMENT

1The successful Defendants (Respondents) seek partial indemnity costs for these four appeals in the amount of $2,623.88 each, inclusive of tax and disbursements – i.e. $10,495.51 in total.

2The Plaintiffs (Appellants) request that the court make no order as to costs, or, failing that, award only $750 in respect of each appeal – a total of $3,000.

3Counsel for the Appellants makes no complaint about the partial indemnity rate claimed nor about the time spent by the Respondents’ counsel.

4The Appellants’ own Costs Outline shows costs on a partial indemnity basis of $9,549.24.

5I am satisfied that the successful Defendants’ requests meet the Boucher test.

6Accordingly, costs in the amount of $2,623.88 on each case (total $10,495.51) shall be paid by the Appellants to the Respondents.

P.J. Flynn J.

Released: October 5, 2012