Court of Appeal for Ontario

Date: 2017-11-21 Docket: M48486 (C63445)

Panel: MacFarland, Hourigan and Benotto JJ.A.

Between

Tree-Techol Tree Technology and Research Company Inc., 1374007 Ontario Ltd. and Bryan M. McNair Plaintiffs/Respondents (Responding Parties)

and

VIA Rail Canada Inc. and Canadian National Railway Company Defendants/Respondents (Responding Parties)

Counsel

Bronwyn N. Martin and B. Robin Moodie, for the appellant/moving party Intact Insurance Company

Tom Hanran, for the responding parties VIA Rail Canada Inc. and Canadian National Railway Company

E. Savas, for the responding parties Tree-Techol Tree Technology and Research Company Inc., 1374007 Ontario Ltd. and Bryan M. McNair

Heard: In writing

Endorsement

[1] The moving party, the non-party in the litigation moved before the chambers judge for directions: that the costs order of the Court of Appeal and the costs order of Justice Gordon be payable within thirty (30) days of the date on which the appeal of this matter was heard.

[2] The chambers judge quite properly transferred the motion to the panel that had heard and dismissed the appeal, for oral reasons given at the time, and ordered that the motion be dealt with in writing.

[3] Any confusion or misunderstanding in relation to a costs order should always be clarified, where possible, by the court that made the order. Here, the costs are payable forthwith. There was no request for any order to the contrary and none was made. Accordingly, the costs that are the subject of this motion were due and payable on October 26, 2017, the day the appeal was dismissed.

[4] Costs of this motion, including the attendance before the chambers judge are to the respondent, Tree-Techol fixed in the sum of $2,000.00 inclusive of disbursements and HST. And lest there be any further confusion these costs too are payable forthwith.

J. MacFarland J.A.

C.W. Hourigan J.A.

M.L. Benotto J.A.