Court of Appeal for Ontario
Date: September 26, 2018 Docket: C64999
Judges: Lauwers, Miller and Nordheimer JJ.A.
Between
Markham Village Shoppes Limited Plaintiff (Respondent)
and
Gino's Pizza Ltd., Gino's Pizza Inc., Baljit Gangar, Vick Darubra, Martin Bernard, Redwater Capital Realty Inc. and Haroon Amadi Defendants (Appellant)
Counsel
John G. Morrissey, for the appellant
Mitchell Wine, for the respondent
Heard
August 31, 2018
Appeal
On appeal from the order of Justice Edward M. Morgan of the Superior Court of Justice, dated January 24, 2018, with reasons reported at 2018 ONSC 565.
Addendum
[1] Subsequent to the release of our decision in this matter on September 13, 2018, we received correspondence from counsel raising an issue regarding the disposition of the costs of the original application.
[2] Our decision allowed the appeal and set aside the summary judgment that had been granted below. Our decision consequently set aside the disposition of costs made in that judgment. We directed that the matter be returned to the Superior Court of Justice for a trial for the quantification of damages.
[3] In our view, the damages trial is the appropriate forum for the determination of which party, if either, should receive the costs of the original summary judgment motion. To be clear, the costs of the summary judgment motion are reserved to the judge hearing the damages trial.
Released: September 26, 2018
"P. Lauwers J.A."
"B.W. Miller J.A."
"I.V.B. Nordheimer J.A."