Court of Appeal for Ontario

Date: 2019-07-26

Docket: C65696

Judges: Watt, Hourigan and Huscroft JJ.A.

Between

V Hazelton Limited Applicant (Appellant)

and

Perfect Smile Dental Inc., Outhere by Marcus Chaves Corp., Outhere by Marcus Chavez and Marcus Chaves Respondents (Respondents)

Counsel

Michael G. McQuade, for the appellant

Robert W. Trifts, for the respondent Perfect Smile Dental Inc.

James S. Quigley, for the respondents Outhere by Marcus Chaves Corp., Outhere by Marcus Chavez, and Marcus Chaves

Heard: March 15, 2019

On appeal from: The judgment of Justice Edward M. Morgan of the Superior Court of Justice, dated June 22, 2018, with reasons reported at 2018 ONSC 3958.

Costs Endorsement

[1] This costs endorsement is further to our reasons dated May 23, 2019. In those reasons, we invited the parties to make written submissions if they were unable to agree on the issue of the costs of the application below.

[2] The parties have not reached an agreement and have made written submissions to the court.

[3] We order that the respondent Perfect Smile Dental Inc. pay costs of the application to the appellant V. Hazelton Ltd. in the all-inclusive amount of $15,000.

David Watt J.A.

C.W. Hourigan J.A.

Grant Huscroft J.A.