Marshallzehr Group Inc. v. Ideal (BC) Developments Inc.

COURT OF APPEAL FOR ONTARIO DATE: 20210505 DOCKET: C68419

Before: Rouleau, Brown and Miller JJ.A.

Parties

BETWEEN Marshallzehr Group Inc. Plaintiff/Defendant by Counterclaim (Respondent)

and

Ideal (BC) Developments Inc., Ideal (BC2) Developments Inc., 2490568 Ontario Inc., 2490564 Ontario Inc. IDEAL Developments Inc., and Shajiraj Nadarajalingam Defendants/Plaintiffs by Counterclaim (Appellants)

Counsel

Mark A. Russell, for the appellants Stephen Schwartz, for the respondents

Heard

March 29, 2021 by video conference

On Appeal From

On appeal from the judgment of Justice Paul M. Perell of the Superior Court of Justice, dated March 11, 2020, with reasons reported at 2020 ONSC 1547, 100 B.L.R. (5th) 66.

COSTS ENDORSEMENT

[1] The appellants, Ideal (BC) Developments Inc., Ideal (BC2) Developments Inc., 2490568 Ontario Inc., 2490564 Ontario Inc., Ideal Developments Inc., and Shajiraj Nadarajalingam (hereafter collectively “Ideal”), seek partial indemnity costs of their appeal in the amount of $12,072.87. On its part, the respondent, MarshallZehr Group Inc., seeks partial indemnity costs of the appeal of $7,735.98.

[2] Although Ideal was not fully successful on its appeal, it did succeed in significantly reducing the amount of the judgment against it. In those circumstances, Ideal is entitled to costs of the appeal fixed in the amount of $10,000, inclusive of disbursements and applicable taxes. We do not interfere with the cost award made by the motion judge.

“Paul Rouleau J.A.”

“David Brown J.A.”

“B.W. Miller J.A.”