Superior Court of Justice - Ontario
COURT FILE NO.: CV-08-087608-00
DATE: 20120626
RE: Yohann Johnson, Plaintiff
AND:
General Motors of Canada Limited, Defendant
BEFORE: Justice A. Stong
COUNSEL:
John R. Carruthers, for the Plaintiff
Mr. Neil Paris, for the Defendant
HEARD: May 28, 29, 30 and 31, 2012
Costs endorsement
[ 1 ] The Parties have resolved the issue of costs between them and have agreed to fix those costs payable to the plaintiff as follows:
The parties have agreed and this court orders that costs are payable on a partial indemnity basis up until May 10, 2012 and on a substantial indemnity basis after May 10, 2012.
ORDER TO GO : fixing the costs payable to the Plaintiff at $72,715.11 calculated as follows:
$21,199.00 of partial indemnity to May 10, 2012;
$41,130.00 of substantial indemnity costs after May 10, 2012;
$2,086.00 of disbursements;
$8,102.77 of HST on costs and $197.34 on disbursements.
[ 2 ] Paragraph 87 of the Reasons for Decision is amended to conform to the Courts of Justice Act with respect to the setting of the interest rates payable on the judgement as follows:
The Plaintiff is entitled to pre-judgement interest at 4.8% per annum which was the pre- judgement interest rate in the 4th quarter of 2007 which is the quarter before the action was commenced on January 31, 2008, and he is entitled to post-judgement interest at 3.0% per annum being the current post-judgement interest rate.
The pre-judgement interest calculation start date is September 27, 2007, which is the date that General Motors wrote to Mr Johnson and informed him that it had concluded that he “was resigning from any further employment relationship with General Motors.”
Justice A. Stong
Date: June 26, 2012