COURT OF APPEAL FOR ONTARIO
CITATION: Buccilli v. Pillitteri, 2014 ONCA 498
DATE: 20140626
DOCKET: C56408
Laskin, Rouleau and Lauwers JJ.A.
BETWEEN
Patricia Buccilli and Drapery Interiors Etc. Inc.
Plaintiffs (Respondents)
and
Pasquale Pillitteri, also known as Pat Pilliterri, Christina Pillitteri, Patron Contracting Limited, also known as CDC Contracting, Birchland Homes Inc. and Vendrain Inc.
Defendants (Appellants)
AND BETWEEN
Pasquale Pillitteri, also known as Pat Pilliterri, Christina Pillitteri, Patron Contracting Limited, also known as CDC Contracting, Birchland Homes Inc. and Vendrain Inc.
Plaintiffs by Counterclaim (Appellants)
and
Patricia Buccilli, Drapery Interiors Etc. Inc. Antonio ("Tony") Decicco and Westplex Centre Inc.
Defendants by Counterclaim (Respondents)
Counsel:
M.R. Kestenberg for the respondents
Terrence O’Sullivan for the interveners Renato Ventura and 1796248 Ontario Inc.
COSTS ENDORSEMENT
[1] On May 29, 2014, we issued our reasons and reserved on the issue of costs.
[2] The appellants and respondents have advised the court that they have reached an agreement on the issue of costs and that no further endorsement is required. However, the respondents have been unable to resolve the issue of costs with the interveners Renato Ventura and 1796248 Ontario Inc. The respondents maintain that they should be awarded costs as against the interveners on a partial indemnity basis fixed in the amount of $5,000 plus applicable taxes.
[3] The interveners submit that they should neither receive nor be required to pay costs. They argue that the respondents incurred only nominal costs as a result of the intervention. Further, the amount of costs the respondents recovered from the appellants was substantial and more than adequate given the length of the appeal and the issues raised therein.
[4] We agree with the submissions of the interveners and consider that a further award of costs over and above what the respondents recovered from the appellants is not warranted in the circumstances.
[5] In the result, we make no order as to costs with respect to the interveners.
"John Laskin J.A."
"Paul Rouleau J.A."
"P. Lauwers J.A."