Court File and Parties
COURT OF APPEAL FOR ONTARIO DATE: 20210217 DOCKET: C68066
Doherty, Nordheimer and Harvison Young JJ.A.
BETWEEN
Baylin Technologies Inc. and 2385796 Ontario Inc. Applicants (Appellants)
and
David Gelerman Respondent (Respondent)
AND BETWEEN
Spacebridge Inc., Advantech AMT Corp., Advantech Wireless Do Brasil Produtos de Telecomunicações Ltda., Advantech Wireless (EMEA) Ltds. and David Gelerman Applicants (Respondents)
and
Baylin Technologies Inc. , Advantech Wireless Technologies Inc. (formerly Baylin Technologies Holdings Canada Inc.), Advantech Wireless Technologies (USA) Inc. (formerly Baylin Technologies (USA) Inc.), Advantech Wireless Technologies (EMEA) Limited (formerly Baylin Technologies (EMEA) Limited), 2385796 Ontario Inc. , Jeffrey Royer, Randy Dewey, Janice Davis, Barry Reiter, Donald Simmonds, Harold Wolkin, David Saska and Davies Ward Philips & Vineberg LLP Respondents ( Appellants )
Counsel: Steve J. Tenai, for the appellants Jesse-Ross Cohen, for the respondents
Heard: in writing
On appeal from the orders of Justice Laurence A. Pattillo of the Superior Court of Justice dated January 23, 2020, with reasons reported at 2020 ONSC 404.
Costs Endorsement
[1] On January 26, 2021, we released our decision in which we allowed the appeal in this matter and awarded costs of the appeal to the appellants as agreed. We also provided that, if the parties could not agree on the disposition of the costs below, they could make written submissions on that issue.
[2] We have now received and reviewed written submissions from the appellants in which they seek their costs of the applications below in the amount of $100,000. We have also been advised by counsel for the respondents that they do not contest the costs sought by the appellants.
[3] That being the case, we order that the respondents shall pay to the appellants their costs of the original applications in the amount of $100,000 inclusive of disbursements and HST.
“Doherty J.A.”
“I.V.B. Nordheimer J.A.”
“Harvison Young J.A.”