COURT OF APPEAL FOR ONTARIO
CITATION: Pollard Windows Inc. v. 1736106 Ontario Inc., 2020 ONCA 437
DATE: 20200702
DOCKET: M50796, M50797, M50798 & M50878
Pepall, Pardu and Paciocco JJ.A.
DOCKET: M50796
BETWEEN
Pollard Windows Inc.
Plaintiff/Respondent
(Responding Party)
and
1736106 Ontario Inc., Andrew Ferri, Niagara Home Builders Inc., carrying on business as Niagara Heritage Homes and Steveco Enterprises Inc.
Defendants/Appellant
DOCKET: M50797
AND BETWEEN
Pollard Windows Inc.
Plaintiff/Respondent
(Responding Party)
and
1736106 Ontario Inc., Andrew Ferri, Niagara Home Builders Inc., carrying on business as Niagara Heritage Homes and Steveco Enterprises Inc.
Defendants/Appellant
DOCKET: M50798
AND BETWEEN
Pollard Windows Inc.
Plaintiff/Respondent
(Responding Party)
and
1736106 Ontario Inc., Andrew Ferri, Niagara Home Builders Inc., carrying on business as Niagara Heritage Homes and Steveco Enterprises Inc.
Defendants/Appellant
DOCKET: M50898
AND BETWEEN
Pollard Windows Inc.
Plaintiff/Respondent
(Responding Party)
and
1736106 Ontario Inc., Andrew Ferri, Niagara Home Builders Inc., carrying on business as Niagara Heritage Homes and Steveco Enterprises Inc.
Defendants/Appellant
Kris Hutton, for the moving party, 1746878 Ontario Inc.
Santiago H. Costa, for the responding party
Heard: In writing
COSTS ENDORSEMENT
[1] By way of endorsements dated February 4, 2020, we dismissed the moving party’s motions for leave to appeal in M50796, M50797, M50798 and M50878. In the endorsement pertaining to M50797, we stated that the responding party may make written submissions on its request for full indemnity costs for these four motions (M50796, M50797, M50798 and M50878). We further stated that the responding party was to file its costs submissions (not to exceed 10 pages) by February 28, 2020, and the moving party was to respond by March 20, 2020 (also not to exceed 10 pages).
[2] By email letter to the parties from the Senior Legal Officer dated June 3, 2020, the deadline for the responding party to file its costs submissions was extended to June 15, 2020, in light of the challenges associated with the COVID-19 public health emergency. The letter advised that, if the responding party did not file its costs submissions by that time, it would be deemed to have abandoned its request for full indemnity costs.
[3] The responding party did not file any submissions by June 15, 2020. Accordingly, its request for full indemnity costs is deemed abandoned.
[4] We order partial indemnity costs of these four motions for leave to appeal, in the aggregate, to the responding party fixed at $1,500 inclusive.
[5] The responding party is at liberty to seek payment of these costs out of the proceeds of sale of the property at issue, which are held in trust by the Superior Court of Justice, before a judge of that court.
“S.E. Pepall J.A.”
“G. Pardu J.A.”
“David M. Paciocco J.A.”