Court of Appeal for Ontario

DATE: 2026-02-12 DOCKET: COA-24-CV-0896

Tulloch C.J.O., Pepall and Pomerance JJ.A.

Parties

BETWEEN

R.W. Tomlinson Limited, Tomlinson Ready Mix, a division of R.W. Tomlinson Limited, 2839034 Ontario Inc. c.o.b. as Material Supply and Logistics Tomlinson Environmental Services Ltd. c.o.b. as Industrial Waste Division

Plaintiffs/Responding Parties (Appellants)

and

Labourers' International Union of North America, Local 527*, Luigi Carrozzi*, Shawn McLaughlin*, Carlo Trunzo*, Robert Martins*, and "John Doe"

Defendants/Moving Parties (Respondents)*

Counsel

David P. Taylor and Sean Grassie, for the appellants

Ernie Schirru and David Rosenfeld, for the respondents

Heard: March 20, 2025

On appeal from the order of Justice Thomas J. Carey of the Superior Court of Justice, dated July 30, 2024, with reasons reported at 2024 ONSC 4039.

COSTS: REASONS FOR DECISION

[1] This costs endorsement is further to our reasons reported at 2025 ONCA 861. In those reasons, we invited the parties to make costs submissions if they were unable to agree on the issue. We have received and reviewed those submissions.

[2] The motion and the appeal addressed the same two issues. The respondents were entirely successful on both before the motion judge, who ordered the appellants to pay $25,000 in costs. On appeal, the respondents succeeded entirely on the first issue and were partially successful on the second because we substituted a temporary stay for the motion judge's dismissal of the claims by the appellants 2839034 Ontario Inc. and Tomlinson Environmental Services Ltd.

[3] As the more successful parties, the respondents are entitled to costs for both the motion and the appeal. We agree with the respondents that discounting both the motion judge's costs award and the $25,000 agreed costs of the appeal if either party was entirely successful by 25% reasonably reflects the divided success: Climans v. Latner, 2020 ONCA 554, 152 O.R. (3d) 369, at para. 108; Van Delst v. Hronowsky, 2020 ONCA 402, 55 C.C.P.B. (2d) 288, at para. 2.

[4] The respondents shall accordingly pay to the appellants costs of the appeal in the amount of $18,750, inclusive of disbursements and HST. Further, we would vary para. 2 of the motion judge's order by substituting the figure of $18,750 for $25,000.

"M. Tulloch C.J.O."

"S.E. Pepall J.A."

"R. Pomerance J.A."