Court of Appeal for Ontario

Newport Beach Development Inc., 2013 ONCA 52

Date: 2013-01-29 Docket: C54462

Before: Winkler C.J.O., Laskin and Watt JJ.A.

Between:

Metropolitan Toronto Condominium Corporation No. 1352 Plaintiff (Respondent)

and

Newport Beach Development Inc., Canderel Stoneridge Equity Group Inc., Tarion Warranty Corporation, Enersys Engineering Group Inc., Eric Pun a.k.a. E.P.K. Pun and Salvatore Spampinato a.k.a. Sal Spampinato Defendants (Appellants/Respondent)

Counsel: Irving Marks and Carla Lubell, for the appellants David Outerbridge, for the respondent Tarion Warranty Corporation Blaine Fedson, for the respondent Metropolitan Toronto Condominium Corporation No. 1352

Heard: April 2, 2012

On appeal from the order of Justice Katherine B. Corrick of the Superior Court of Justice, dated September 16, 2011, with reasons reported at 2011 ONSC 5445.

Costs Endorsement

[1] The plaintiff, Metropolitan Toronto Condominium Corporation No. 1352, is entitled to its costs of the appeal, but on a partial indemnity basis. A fair and reasonable award is $30,000, inclusive of disbursements and applicable taxes.

[2] In our view, Tarion Warranty Corporation is also entitled to its costs. The appellant Newport Beach Development Inc. sought relief against Tarion and was unsuccessful. The amount Tarion requests, in round numbers $11,000, inclusive of disbursements and applicable taxes, is reasonable.

"Warren K. Winkler C.J.O."

"John Laskin J.A."

"David Watt J.A."