Court File and Parties

Court of Appeal for Ontario Date: 2023-09-29 Docket: COA-22-CV-0100

van Rensburg, Miller and Nordheimer JJ.A.

Between: Sase Aggregate Ltd. Applicant (Appellant)

And: Michelle Langdon Respondent (Respondent)

Counsel: Christine Carter, for the appellant John Montgomery, for the respondent

Heard: in writing

On appeal from the judgment of Justice Andra Pollak of the Superior Court of Justice, dated September 6, 2022, with reasons reported at 2022 ONSC 5056.

Costs Endorsement

[1] We released our decision dismissing the appeal and awarding costs to the appellant. The parties were invited to provide written submissions if they were unable to agree on the amount of the costs. We have received and considered the parties’ written submissions, as well as a bill of costs from the appellant, setting out a claim for costs on a substantial indemnity scale.

[2] There are no exceptional circumstances in this case that would warrant an award of substantial indemnity costs. We fix the appellant’s costs on a partial indemnity scale, in the inclusive sum of $15,000.

"K. van Rensburg J.A."

"B.W. Miller J.A."

"I.V.B. Nordheimer J.A."