CITATION: Goldman Sloan Nash & Haber LLP v. Del Mastro, 2021 ONSC 3852
DIVISIONAL COURT FILE NO.: 551/20
DATE: 20210621
ONTARIO SUPERIOR COURT OF JUSTICE DIVISIONAL COURT
Lederer, Kristjanson and Favreau JJ.
BETWEEN:
GOLDMAN SLOAN NASH & HABER LLP
Catherine Wilson, for the Applicant (Respondent in Appeal)
Applicant (Respondent in Appeal)
– and –
DAVID DEL MASTRO and DELTRO ELECTRIC LTD.
Jordan Cantor, for the Respondents (Appellants)
Respondents (Appellants)
HEARD at Toronto (by videoconference): May 26, 2021
Lederer J. (Orally)
[1] There was a settlement. Full payment was not made. A motion was brought to enforce the settlement. The order was made. An appeal was launched. A settlement offer was made and ultimately accepted. It accepted the costs would be agreed to or assessed. No agreement was reached.
[2] The respondent on the appeal now asks the court to award the cost of the appeal. The appellant asks that this be referred to an assessment officer. This is not a difficult or complex matter. The costs are not difficult to understand or assess. The court retains the discretion to assess and award costs. We have considered the submissions made by the parties as to the request made and find that the request made by the respondent is appropriate. Costs are awarded in the amount of $5,820.63.
[3] We have considered the submissions with respect to costs for today. We award costs to the applicant in the amount of $3,000. Both sets of costs for the appeal and for today are to be paid within 30 days of the date this endorsement is released.
Lederer J.
I agree
Kristjanson J.
I agree
Favreau J.
Date of Oral Reasons for Judgment: May 26, 2021
Date of Release: June 21, 2021
CITATION: Goldman Sloan Nash & Haber LLP v. Del Mastro, 2021 ONSC 3852
DIVISIONAL COURT FILE NO.: 551/20
DATE: 20210621
ONTARIO SUPERIOR COURT OF JUSTICE DIVISIONAL COURT
Lederer, Kristjanson and Favreau JJ.
BETWEEN:
GOLDMAN SLOAN NASH & HABER LLP
Applicant (Respondent in Appeal)
– and –
DAVID DEL MASTRO and DELTRO ELECTRIC LTD.
Respondents (Appellants)
ORAL REASONS FOR JUDGMENT
LEDERER J.
Date of Oral Reasons for Judgment: May 26, 2021
Date of Release: June 21, 2021