Court of Appeal for Ontario
Date: 2022-03-24 Docket: C69486
Judges: Rouleau, van Rensburg and Roberts JJ.A.
Between:
Crosslinx Transit Solutions General Partnership and Crosslinx Transit Solutions Constructors Applicants (Respondents)
And:
Ontario Infrastructure and Lands Corporation, as representative of the Minister of Economic Development, Employment and Infrastructure, as representative of Her Majesty the Queen in Right of Ontario and Metrolinx Respondents (Appellants)
Counsel:
Sharon Vogel, Peter Wardle, Jesse Gardner and Cheryl Labiris, for the appellants Matthew Sammon, Andrea Wheeler and Jacqueline Chan, for the respondents
Heard: January 6, 2022 by video conference
On appeal from the judgment of Justice Markus Koehnen of the Superior Court of Justice dated May 17, 2021, with reasons reported at 2021 ONSC 3567.
Costs Endorsement
[1] On March 7, 2022, we allowed the appeal, set aside the judgment and costs order of the application judge, and remitted the application for a rehearing, with costs to the appellants in the agreed upon all-inclusive amount of $60,000.
[2] The parties were unable to agree on the disposition of the application costs. We have received and reviewed their respective written submissions.
[3] We agree with the respondents that the fairest disposition is to leave the issue of the application costs to the trier of fact on the rehearing of the application, including but not limited to a rehearing before a judge of the Superior Court and/or in an arbitral process.
[4] Order to go accordingly.
“Paul Rouleau J.A.”
“K. van Rensburg J.A.”
“L.B. Roberts J.A.”