Endorsement

COURT FILE NO.: CV-11-438276
DATE: 20120327
SUPERIOR COURT OF JUSTICE - ONTARIO

RE: PETER A. DAVIDSON, Applicant

AND:

GERTRUDE BARNHARDT and TAURUS FINANCIAL, Respondents

BEFORE: B. P. O’Marra J.

COUNSEL:
Darryl C. Patterson, for the Applicant
Kristian Borg-Olivier, for the Respondents

HEARD: Written Submissions

ENDORSEMENT

[ 1 ] The Respondent presented legitimate and well founded objections to the terms of the letter of request from the State of California. In response to concerns from the Court in oral submissions the Applicant made significant modifications as to the time frame and breadth of evidence sought and the limited use of any such evidence against the Respondent. In a very similar case cited as GST Telecommunications Inc. v. Provenzano the British Columbia Supreme Court ordered the successful applicant to pay the respondent’s costs.

[ 2 ] The Applicant seeks partial indemnity costs of approximately $11,550. On the same scale the Respondents submit approximately $7,200. Based on the particulars of this case I award costs of $3,500, all inclusive payable to the Applicant within 21 days.

B. P. O’Marra J.

Date: March 27, 2012