COURT FILE NO.: D /08-0004

Thunder Bay

DATE: 20091215

SUPERIOR COURT OF JUSTICE - ONTARIO

(Divisional Court)

RE: 681638 ONTARIO LIMITED,

Plaintiff (Appellant in Appeal)

v

UGT LTD., ERNST & YOUNG THUNDER BAY INC., ERNST & YOUNG THUNDER BAY LLP., and 1490307 ONTARIO LIMITED

Defendants (Respondents in Appeal)

BEFORE: Justice Matlow

COUNSEL: Walter C. Wieckowski, for the Plaintiff

A. Parker, for UGT Ltd and 1490307 Ontario Limited, Defendants

HEARD: June 3, 2009, at Thunder Bay

Written submissions regarding costs received

E N D O R S E M E N T

MATLOW J.

[1] Following the release of my endorsement in this Small Claims Court appeal on July 10, 2009, a motion in writing was made on behalf of the plaintiff for an order varying the judgment made. By further endorsement released on October 21, 2009, that motion was dismissed and the judgment was confirmed. The lawyers for the plaintiff and for both Ernst and Young defendants, respectively, were invited to make further written submissions with respect to the costs of the motion and submissions from both sides were subsequently received.

[2] The Ernst and Young defendants are entitled to such costs, fixed at $1000, all-inclusive, payable forthwith.

[3] The amount awarded is, in my view, fair and within the reasonable expectation of the parties. Any greater amount would be excessive, regardless of the time spent by the defendants’ lawyers

Matlow, J.

Released: December 15, 2009