Court of Appeal for Ontario

Date: 2019-07-16

Docket: C66121/M50368

Judges: Feldman, Paciocco and Fairburn JJ.A.

Between

Craig Hurst Plaintiff (Respondent/Moving Party)

and

James Hancock, Darwin Productions Inc. and Tradepoint 360 Inc. Defendants (Respondents/Responding Parties)

and

Graham Partners LLP, Graham, Wilson & Green, and HGR Graham Partners LLP Intervenors (Appellants)

Counsel

Tim Gleason and Rebecca Glass, for the appellants

Katrina Marciniak, for the respondents/responding parties

Manjit Singh and Eric Cheng (Sheung Chi), for the respondent/moving party

Heard

May 16, 2019

Appeal

On appeal from the judgment of Justice Peter J. Cavanagh of the Superior Court of Justice, dated October 5, 2018, with reasons reported at 2018 ONSC 5919.

Addendum

[1] Following release of the reasons of the court dated June 11, 2019, which set aside the summary judgment granted to the respondents, including the costs of the summary judgment motion, counsel for the plaintiff requested that the court address the issue of how the summary judgment costs are to be dealt with.

[2] We agree that that issue was raised by the plaintiff in his notice of motion on the appeal by the intervenors of the summary judgment, although the motion dealt primarily with a request for a stay of the costs ordered payable by the plaintiff pending the appeal, which request became moot.

[3] As the action between the plaintiff and the respondents has now been ordered to proceed, we order that the costs of the summary judgment motion be payable in the cause of the action.

Released: July 16, 2019

"M.F."

"K. Feldman J.A."

"David M. Paciocco J.A."

"Fairburn J.A."