2010 ONCA 611
DATE: 20100922
DOCKET: C51028 and C51041
COURT OF APPEAL FOR ONTARIO
Armstrong, Blair and Juriansz JJ.A.
BETWEEN
Quizno’s Canada Restaurant Corporation, Quiz-Can LLC, The Quizno’s Master LLC, Gordon Food Service, Inc. and GFS Canada Company Inc.
Appellants (Defendants)
and
2038724 Ontario Ltd. and 2036250 Ontario Inc.
Respondents (Plaintiffs)
Proceedings under the Class Proceedings Act, 1992
J. D. Timothy Pinos, Geoffrey B. Shaw and Eunice Machado, for the appellant Quizno’s Canada Restaurant Corporation, Quiz-Can LLC and The Quizno’s Master LLC
Katherine L. Kay and Mark E. Walli, for the appellant Gordon Food Service, Inc. and GFS Canada Company Inc.
David Sterns, Allan D. J. Dick and Sam O. Hall, for the respondent 2038724 Ontario Ltd. and 2036250 Ontario Inc.
Heard: January 27, 2010
On appeal from the Order of Justices K. Swinton, P. Hennessy and A. Karakatsanis of the Superior Court of Justice, sitting as the Divisional Court, dated April 27, 2009.
COSTS ENDORSEMENT
[1] The respondents (plaintiffs) claim costs of $77,362 including disbursements and GST for the motion for leave to appeal, the motion to expedite the appeals and the appeals.
[2] The arguments before us were similar to the arguments advanced before the motion judge hearing the certification motion and on the appeals to the Divisional Court.
[3] We fix the respondents’ costs on a partial indemnity scale in the total amount of $45,000 including disbursements and applicable taxes. Such costs are to be paid by the appellants to the respondents.
“Robert P. Armstrong J.A.”
“R. A. Blair J.A.”
“R. G. Juriansz J.A.”