CITATION: 1400 Castlefield Road Inc. v. Threadcount Inc. et al., 2015 ONSC 2832

DIVISIONAL COURT FILE NO.: 410/14

DATE: 20150506

SUPERIOR COURT OF JUSTICE - ONTARIO

RE: 1400 CASTLEFIELD ROAD INC., Plaintiff/Respondent

AND:

THREADCOUNT INC. AND CEASAR’S FABRICS INC., Defendant/Appellants

BEFORE: Lederman J.

COUNSEL: Venus Sayed, for the Appellants

Adam Ezer, for the Respondent

HEARD: In Writing

costs ENDORSEMENT

[1] Both the appeal and cross-appeal in this matter were dismissed.

[2] At trial, the respondent had obtained judgment of $13,414.01, inclusive of costs and pre-judgment interest. At stake in the cross-appeal was the amount of $5,520, all inclusive.

[3] The partial indemnity costs of the appellants as set out in their costs outline amount to $10,661.89 all inclusive; the partial indemnity costs of the respondent as set out in its costs outline amount to $5,636.04.

[4] Each party seeks costs of 60% of the amount set out in their respective costs outline.

[5] The main issue on the appeal and cross-appeal was similar to the extent that it involved the trial judge’s findings as to whether the glass doors and the track lighting were or were not chattels, true fixtures or trade fixtures.

[6] The findings of the trial judge with respect to this issue were upheld in the appeal proceedings. In these circumstances, each party should bear its own costs and accordingly, there will be no costs for either the appeal or the cross-appeal.

Lederman J.

Date: May 6, 2015