Costs Endorsement

Court File No.: CV-09-385199
Date: 2012-06-27
Superior Court of Justice - Ontario

Re: Trent Akagi, Plaintiff

And: Synergy Group (2000) Inc., Shane Davidson Smith, David Prentice, Sandra Delahaye and Jean Lucien Breau, Defendants

Before: T. McEwen J.

Counsel:
Terry Corsianos , for the Plaintiff
Gerald Matlosky , for the Defendants

Heard: March 1, 2012

COSTS ENDORSEMENT

[ 1 ] In my Reasons for Decision dated May 14, 2012 I invited the parties to make submissions with respect to costs and with respect to whether the $60,000 that had previously been paid into Court should remain or be paid out to satisfy the judgment.

[ 2 ] I have received and reviewed the submissions of the parties.

[ 3 ] First, with respect to the issue of costs, success on the motion was divided but Akagi did succeed in his motion against Synergy with respect to the issue of the refund of $90,000. In the circumstances, I award costs payable from Synergy to Akagi in the amount of $15,000 plus HST, plus the disbursements noted of $627, plus any court reporting fees concerning cross-examinations and transcripts with respect to affidavits that were used at the hearing of the motion. To be clear, no court reporting fees are to be paid with respect to examinations for discovery. Akagi sought compensation for fees and disbursements incurred with respect to examinations for discovery which are not appropriate in the circumstances.

[ 4 ] I make no further order concerning costs involving the remainder of the motion that was dismissed.

[ 5 ] Second, the parties agree that the $60,000 that was paid into to Court should remain, and as such, I make no order in this regard.

[ 6 ] Lastly, although I did not invite submissions on the issue of prejudgment interest, Akagi provided submissions that I ought to employ a rate higher than that set out in the Courts of Justice Act . R.S.O. 1991, c. C.43. On the facts of this case I decline to do so and the rate set out in the Act shall apply.

T. McEwen J.

Date: June 27, 2012