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
1I 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.
2My 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.
3I 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.
4In 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.
5Accordingly, 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