Court File and Parties
CITATION: H.I.R.A. Limited v. Middlesex Standard Condominium Corporation No. 823, 2018 ONSC 6199
DIVISIONAL COURT FILE NO.: 256/18
DATE: 20181018
ONTARIO
SUPERIOR COURT OF JUSTICE
DIVISIONAL COURT
MARROCCO A.C.J.S.C., CONWAY and LEMAY JJ.
IN THE MATTER OF THE CONSTRUCTION LIEN ACT, R.S.O. 1990, c. C.30
B E T W E E N :
H.I.R.A. LIMITED
Appellant
– and –
MIDDLESEX STANDARD CONDOMINIUM CORPORATION NO. 823 also known as MIDDLESEX CONDOMINIUM CORPORATION NO. 823
Respondent
Counsel:
Denise L. Bambrough for the Appellant
Kevin Sherkin and Jeremy Sacks for the Respondent
Heard: In Writing
COSTS ENDORSEMENT
[1] We have received and reviewed the parties’ submissions on costs.
[2] HIRA seeks its costs of the stay motion before Morawetz J. We agree that HIRA was successful in obtaining a stay pending appeal and is entitled to its costs. However, we consider that the amount claimed by HIRA, $19,690.95 on a partial indemnity basis, is unwarranted. In our view, a reasonable amount of partial indemnity costs for the stay motion is $7000, all inclusive.
[3] With respect to the appeal of Grace J.’s order, MSCC clearly was the successful party. This court upheld the amount of reduced security ordered by Grace J., except for the correction of one mathematical calculation. MSCC is entitled to its costs of the appeal. We do not consider an award of substantial indemnity costs is warranted in this case. We award costs of the appeal to MSCC on a partial indemnity basis in the amount of $15,000, all inclusive.
MARROCCO A.C.J.S.C.
CONWAY J.
LEMAY J.
RELEASED:
Appendix
CITATION: H.I.R.A. Limited v. Middlesex Standard Condominium Corporation No. 823, 2018 ONSC 6199
DIVISIONAL COURT FILE NO.: 256/18
DATE: 20181018
ONTARIO
SUPERIOR COURT OF JUSTICE
DIVISIONAL COURT
MARROCCO A.C.J.S.C., CONWAY and
LEMAY JJ.
IN THE MATTER OF THE CONSTRUCTION LIEN ACT, R.S.O. 1990, c. C.30
B E T W E E N :
H.I.R.A. LIMITED
Appellant
– and –
MIDDLESEX STANDARD CONDOMINIUM CORPORATION NO. 823 also known as MIDDLESEX CONDOMINIUM CORPORATION NO. 823
Respondent
COSTS ENDORSEMENT
RELEASED: