SUPERIOR COURT OF JUSTICE - ONTARIO

COURT FILE NO: CV-08-00357415
DATE: 20120217

RE: C & F Industrial Parts Co.

Plaintiff

• and -

Wastecorp Pumps Canada Inc.

Defendant

BEFORE: The Honourable Mr. Justice Glenn A. Hainey

COUNSEL:
Hue Chung (Calvin) Huong,
for the Plaintiff

Angela Assuras ,
for the Defendant

HEARD : Written Submissions

ADDENDUM TO

ENDORSEMENT AS TO COSTS

[ 1 ] I released my Endorsement as to Costs on December 16, 2011, ONSC 7499 , in which I awarded costs to the defendant in the amount of $17,191.34 inclusive of disbursements and HST.

[ 2 ] My endorsement is silent as to who is responsible for the payment of the costs awarded to the defendant. The defendant has requested that I confirm that Xu Hui Chen, who testified that she is the sole proprietor of the plaintiff, is responsible for payment of the costs order. The plaintiff argues that I am functus and cannot clarify my Endorsement as to Costs in order to confirm that Xu Hui Chen is responsible for payment of the costs order.

[ 3 ] I disagree with the plaintiff’s submissions. On the motion before me Xu Hui Chen testified that:

a) She is the sole proprietor of the plaintiff.
The plaintiff is a family run business operated by her husband and her.

b) The plaintiff is registered as a sole proprietorship in Ontario in her name.

c) The plaintiff operates from her home in North York, Ontario where she and her husband reside.

[ 4 ] In light of this evidence, I intended that Xu Hui Chen, who is essentially the alter ego of the plaintiff, would be responsible for payment of the costs awarded to the defendant.

[ 5 ] Accordingly, Xu Hui Chen is ordered to pay the award of costs referred to in my Endorsement as to Costs dated December 16, 2011 in the amount of $17,191.34 to the defendant.

HAINEY, J.

DATE: February 17, 2012