COURT FILE AND PARTIES

COURT FILE NO.: CV-338-10
DATE: 2012-03-21
SUPERIOR COURT OF JUSTICE - ONTARIO

RE: Engineered Coatings Ltd., Cindy Nardangeli, Peter Nardangeli, Sandra Corbett and Thomas Corbett -- Plaintiffs /Respondents

AND:

Jacques Daoust, Philip Handy, Ralphie’s Painting, JDCMI Coatings and Jacques Daoust Costing Management Inc. – Defendants/ Applicants

BEFORE: James W. Sloan

COUNSEL:
Anthony Keller, for the Defendants /Applicants

Donald G. Kidd, for the Plaintiffs/ Respondents

COSTS ENDORSEMENT

[ 1 ] These costs relate to a motion brought by the defendant to strike out the affidavit of Mr. Brant who is a partner in the law firm representing the plaintiff.

[ 2 ] Although the defendant was successful on slightly different grounds than that of his primary argument, he was still successful.

[ 3 ] I am prepared to allow defendant’s counsel four hours for preparation of the motion material, one hour to prepare the day before the motion and three hours for the attendance in court on the day of the motion for a total of eight hours. I'm also prepared to allow his clerk time of 1 1/2 hours however on a partial indemnity scale I will only allow her $100 per hour.

[ 4 ] I therefore award the defendant his costs of the motion in the amount of [(8x$275) + (1.5x$100)] x 1.13 = $2,655.50.

J. W. Sloan J.

Date: March 21, 2012