SUPERIOR COURT OF JUSTICE – ONTARIO

Court File No.: 10-17240
Date: 2012-03-23

Between:
CATEGORY 5 IMAGING LTD., Plaintiff

And:
ANGELO ANTONIADIS and CLARKE PRODUCTION (1982) LIMITED, Defendants

And Between:
ANGELO ANTONIADIS, Plaintiff by Counterclaim

And:
CATEGORY 5 IMAGING LTD. and WAYNE NARCISO, Defendants by Counterclaim

Before: The Honourable Mr. Justice D. S. Crane

Counsel:
Mr. M. Jaeger, Counsel for the Applicant Antoniadis
Mr. L. Frapporti, Counsel for the Respondent Category 5
Mr. M. Emery, Counsel for Clarke Productions

ENDORSEMENT re costs of the motion of the applicant/defendant angelo antondiadis

[ 1 ] Mr. Antoniadis brought a motion for partial summary judgment in this action. Upon written reasons this motion was dismissed with costs reserved for written submissions.

[ 2 ] Upon those written submissions I now determine this issue.

[ 3 ] The Applicant was brought to this motion on the basis that the Plaintiff/Respondent was not able to demonstrate an evidentiary basis for its claim of damages. The Applicant’s ship was grounded upon the rocks of the particular and rather unique wording of the agreements that he made with the Plaintiff.

[ 4 ] In my understanding of the action, it is facts driven. The subject motion was premature to the adjudication of those facts due, as I found, to the terms of the Agreements. Should the Respondent/Plaintiff not establish its case at trial, the issues of the motion will resolve to the Applicant/Defendant. I conclude that the motion was reasonably brought.

[ 5 ] The appropriate scale of costs on this motion is that of partial indemnity. It may be that the time in preparation on the motion is well served for the trial and need be done only once (subject to refreshers). In any event, I allow the Respondent counsel time in the range of 30 hours.

[ 6 ] I fix the Respondents’ costs in the sum of $12,500.00, all inclusive, payable to the Respondent/Plaintiff in the cause as determined by the trial judge. See Dupont Heating & Air Conditioning Limited v. Bank of Montreal, [2009] 13031 (ON SC).

CRANE J.

Date: March 23, 2012