Court File and Parties

CITATION: 1352194 Ontario Inc. v. Vince, 2022 ONSC 1846

DIVISIONAL COURT FILE NO.: 059/21

DATE: 20220328

SUPERIOR COURT OF JUSTICE – ONTARIO

DIVISIONAL COURT

RE: Blake Vince, Karen Vince and 971082 Ontario Limited, Appellants

AND:

1352194 Ontario Inc., Respondent

BEFORE: Hackland, Kristjanson, Nishikawa JJ.

COUNSEL: Larry Najjar, for the Appellants

Robert Matlack, for the Respondent

HEARD at Toronto: In writing

Endorsement

The Court:

[1] On December 15, 2021, this court granted the Appellants’ appeal and set aside the judgment and costs order made by the trial judge: 1352194 Ontario Inc. v. Vince, 2021 ONSC 8192 (the “Decision”). Based on the court’s understanding that the Appellants were not seeking costs of the action, no such costs were ordered: (Decision, at para. 41.) The Appellants were granted $20,000 in costs of the appeal.

[2] The Appellants’ counsel subsequently brought a motion in writing to amend the Decision to grant costs of the action to the Appellants in the amount of $25,000. The Appellants’ motion materials clarify that the Appellants had in fact sought costs of the action in their appeal.

[3] The Respondent submitted brief responding material opposing the Appellants’ entitlement to costs.

[4] As no order has been issued or entered to date, this court remains seized: r. 59.06(2)(d) of the Rules of Civil Procedure, R.R.O. 1990, Reg. 194. Given that it appears that the court misunderstood the Appellants’ position and because the Appellants would have been entitled to costs of the action based on the result of the appeal, we see no reason not to order costs of the action to the Appellants. Moreover, given that the Respondent was awarded costs of the action of approximately $49,000, the amount sought is reasonable and proportionate.

[5] Accordingly, the Respondent shall pay $25,000 in costs of the action to the Appellants. For the purposes of clarity, this amount is in addition to the costs of the appeal previously ordered.

“Hackland J.”

“Kristjanson J.”

“Nishikawa J.”

March 28, 2022