COURT OF APPEAL FOR ONTARIO

CITATION: 1196158 Ontario Inc. v. 6274013 Canada Limited, 2012 ONCA 689

DATE201012

DOCKET: C54452

Laskin, Sharpe and Epstein JJ.A.

BETWEEN

1196158 Ontario Inc.

Plaintiff (Appellant)

and

6274013 Canada Limited, Rob Kumer, CB Richard Ellis Limited, John LaFontaine, Karen Pickernell, Carl Lavoie, William Neilson Limited, Toronto Hydro Corporation, Toronto Hydro-Electric System Ltd. and Toronto Hydro Energy Services Inc.

Defendants (Respondents)

William Pepall and Louise Moher, for the appellant

J. Schatz and D. Holden, for the respondents 6274013 Canada Limited and Rob Kumer

Sonja Williams, for the respondents Toronto Hydro Corporation, Toronto Hydro-Electric System Ltd. and Toronto Hydro Energy Services Inc.

S. Pettipiere, for the respondent CB Richard Ellis Limited

Christiaan Jordaan, for the respondent William Neilson Limited

Heard: June 7, 2012

On appeal from the order of Justice Leonard Ricchetti of the Superior Court of Justice dated September 15, 2011, with reasons reported at 2011 ONSC 5410.

COSTS ENDORSEMENT

[1] Since releasing our reasons for judgment in this appeal we have received a written request from counsel for the respondent’s CB Richard Ellis Limited, John Lafontaine, Karen Pickernell, and Carl Lavoie that they be awarded costs of the appeal. Counsel for these parties filed a factum, but made no oral submissions on the appeal. In the circumstances, we agree with Mr. Pepall’s suggestion that a counsel fee in the same amount as that awarded to the other respondents would be duplicative. In our view these respondents should receive one half of the costs awarded to the other respondents, namely, $3750 inclusive of disbursements and taxes.

“John Laskin J.A.”

“Robert J. Sharpe J.A.”

“Gloria J. Epstein J.A.”