Court of Appeal for Ontario

Date: 2017-07-07 Docket: C62878

Judges: Feldman, Cronk and Miller JJ.A.

Between

Francisco Yao Mendoza and Francis Mendoza Inc. Plaintiffs (Appellants)

and

Active Tire & Auto Centre Inc. Defendant (Respondent)

Counsel

Ben V. Hanuka, for the appellants

Milton A. Davis and Ronald D. Davis, for the respondent

Heard: April 10, 2017

On appeal from: The judgment of Justice Grant R. Dow of the Superior Court of Justice, dated September 29, 2016.

Costs Endorsement

[1] The appellant was successful on the appeal. The court is now asked to deal with costs below. At the summary judgment hearing, counsel for the respondent agreed that the amount of costs claimed by the appellant, $18,686.25, made up of $17,132.50 in fees on the partial indemnity scale and $1,553.75 in disbursements, was reasonable. We therefore order that amount in costs, inclusive of HST, be paid by the respondent to the appellant.

K. Feldman J.A.

E.A. Cronk J.A.

B.W. Miller J.A.