Court of Appeal for Ontario

Date: 2018-04-19 Docket: C63087

Judges: Laskin, Sharpe and Fairburn JJ.A.

Between

Cana International Distributing Inc. c.o.b. Sexy Living Plaintiff (Appellant)

and

Standard Innovation Corporation Defendant (Respondent)

And Between

Standard Innovation Corporation Plaintiff by Counterclaim (Respondent)

and

Cana International Distributing Inc. c.o.b. as Sexy Living and Micheline Ciolli Defendants by Counterclaim (Appellants)

Counsel

For the appellants: Shaun Laubman and Laura M. Wagner

For the respondent: Peter Mantas and Tala Khoury

Heard: January 23, 2018

On appeal from: The judgment of Justice P. Smith of the Superior Court of Justice, dated November 18, 2016, with reasons reported at 2016 ONSC 7197.

Costs Endorsement

[1] We have now received written costs submissions regarding costs in this matter.

[2] As the appellant achieved substantial success on the appeal, we award the appellant $15,000 costs of the appeal including taxes and disbursements.

[3] With respect to the trial costs, as the appeal has been allowed and the matter remitted to the trial judge to determine the damages on the claim relating to the mainstream agreement, a fresh assessment of the trial costs will be required. Accordingly, the trial judge's costs order is set aside and issue of the trial costs (for both the original trial and the damage assessment) is remitted to the trial judge to be determined after the damages on the mainstream agreement have been assessed.

John Laskin J.A.

Robert J. Sharpe J.A.

Fairburn J.A.