Slater Steel Inc (Re), 2008 ONCA 347

CITATION: Slater Steel Inc (Re) , 2008 ONCA 347

DATE: 20080502

DOCKET: C47155 and C47235

COURT OF APPEAL FOR ONTARIO

O’CONNOR A.C.J.O., GILLESE and ROULEAU JJ.A.

IN THE MATTER OF THE COMPANIES’ CREDITORS ARRANGEMENT ACT, R.S.C. 1985, c. C-36, as amended

AND IN THE MATTER OF A PLAN OF COMPROMISE OR ARRANGEMENT OF SLATER STEEL INC., SLATER STAINLESS CORP., SOREL FORGE INC., 833840 ONTARIO INC., 1124207 ONTARIO INC. AND 3014063 NOVA SCOTIA COMPANY

Applicants

AND IN THE MATTER OF SECTION 18.6 OF THE COMPANIES’ CREDITORS ARRANGEMENT ACT, R.S.C. 1985, c. C-36, as amended

AND IN THE MATTER OF SLATER STEEL CORPORATION

AND BETWEEN:

MORNEAU SOBECO LIMITED PARTNERSHIP BY ITS GENERAL PARTNER MORNEAU SOBECO CORPORATION

Plaintiff(Respondent)

and

AON CONSULTING INC. and J. MELVIN NORTON

Defendants(Appellants)

Ian Dick and Elizabeth Brown for the appellant J. Melvin Norton

Barry Bresner and Markus Kremer for the appellant Aon Consulting Inc.

Edward Babin and Jim Bunting for the Proposed Third Parties

A.J. Esterbauer for the plaintiff Morneau Sobeco Limited Partnership by its General Partner, Morneau Sobeco Corporation

Michael McGraw for the Monitor

Deborah McPhail for the Superintendent of Financial Services

HEARD: February 21, 2008

On appeal from the order of Justice James M. Spence of the Superior Court of Justice dated April 13, 2007, with reasons reported at (2007), 59 C.C.P.B. 286.

COSTS ENDORSEMENT

[1] On March 19, 2008, this court released its decision in this matter and awarded costs of the appeals and underlying motions to the appellants, Aon and Norton. The parties were invited to make brief written submissions on costs, if they were unable to reach agreement on that matter.

[2] We have received the affected parties’ submissions. They agree on the quantum of costs but disagree on whether costs should be payable forthwith, in the cause, or in any event of the cause because, in that event, costs would not be payable until the conclusion of the litigation.

[3] As is evident from the reasons for decision in this matter, it is our view that Aon and Norton, as the successful parties, are entitled to their costs of the motions below and the appeals. This disposes of the submission that costs be made payable in the cause.

[4] As for the timing at which such costs are payable, we see no reason to depart form the court’s usual practice that costs are payable forthwith. The appeals finally disposed of the matter in issue on the appeals, namely the right of Aon and Norton to issue third party claims. We see no special circumstances that would justify a delay in payment of costs.

[5] Accordingly, an order shall go requiring the Slater Personnel to pay costs in the agreed on sum of $70,000 to Aon and $30,000 to Norton, both sums inclusive of disbursements and G.S.T., within thirty days of the date of release of this endorsement.

“D. O’Connor A.C.J.O.”

“E.E. Gillese J.A.”

“Paul Rouleau J.A.”