Barber v. Molson Sport & Entertainment Inc., 2010 ONCA 674

CITATION: Barber v. Molson Sport & Entertainment Inc., 2010 ONCA 674

DATE: 20101015

DOCKET: C49191 and C49195

COURT OF APPEAL FOR ONTARIO

Gillese, Juriansz and LaForme JJ.A.

BETWEEN

DOCKET: C49191

Stephen Barber and Wahta Natural Spring Water

Plaintiffs (Respondents)

and

Johnathan Vrozos, Molson Sport & Entertainment Inc. and Great Moments in Catering

Defendants (Appellant)

AND BETWEEN

DOCKET: C49195

Stephen Barber and Wahta Natural Spring Water

Plaintiffs (Respondents)

and

Jonathan Vrozos, Molson Sport & Entertainment Inc. and Great Moments in Catering

Defendants (Appellant)

Lawrence E. Thacker and Dena N. Varah, for the appellant Molson Sport & Entertainment Inc.

Gary M. Caplan, for the appellant Johnathan Vrozos

Brian Duxbury and Amanda Jordan McInnis, for the respondents Stephen Barber and Wahta Natural Spring Water

Heard: March 5, 2010

On appeal from the judgment of Justice N. Borkovich of the Superior Court of Justice dated March 2, 2009, with reasons reported at 2008 CanLII 32300 (ON S.C.).

COSTS ENDORSEMENT

[1] The respondents were entirely successful in these complicated appeals. They have settled their costs with the appellant, Molson Sport & Entertainment Inc. They seek costs from the appellant, Jonathan Vrozos, in the amount of $49,767.65, plus applicable interest.

[2] Mr. Vrozos advises, through counsel, that he takes no position with respect to the respondents’ costs submissions.

[3] We are satisfied that in the circumstances of these appeals, the costs sought against Mr. Vrozos are fair and reasonable. The court does not normally add interest to its costs awards. Accordingly, we order costs to the respondents, payable by the appellant Vrozos, fixed at $49,768.00, inclusive of disbursements and all applicable taxes.

“E. E. Gillese J.A.”

“R. C. Juriansz J.A.”

“H. S. LaForme J.A.”