SUPERIOR COURT OF JUSTICE - ONTARIO
COURT FILE NO.: CV-08-364780
DATE: 20120920
RE: JOAN BOSWORTH, JENNIFER ANNE BOSWORTH, Plaintiffs
AND:
KENNETH COLEMAN, NICOLA BERTINI and DAIMLER CHRYSLER SERVICES INC., Defendants
BEFORE: T. McEwen J.
COUNSEL:
K. Arenson , for the Plaintiffs
S. Dial , for the Defendant Kenneth Coleman
P. Chandler , for the Defendant Nicola Bertini and Daimler Chrysler
HEARD: June 11, 2012
costs ENDORSEMENT
[ 1 ] I have been advised by counsel that issues of costs have been settled as between Coleman, Bertini and Daimler Chrysler. The only outstanding matter with respect to the issue of costs remains between Coleman and the Bosworths.
[ 2 ] I have reviewed the written submissions of counsel for Coleman and the Bosworths.
[ 3 ] There were three motions before the Court for summary judgment as follows:
The plaintiffs’ motion for summary judgment against the defendants’ Bertini/Chrysler;
Coleman’s subsequent motion for summary judgment dismissing the plaintiffs’ claims and the cross-claim of Bertini/Chrysler against him; and,
The Plaintiffs’ cross-motion for summary judgment against Coleman and dismissing Coleman’s above noted motion as against the plaintiffs.
[ 4 ] All of the motions were unsuccessful and those circumstances I agree with counsel for Coleman that there should be no costs awarded as between the Bosworth’s and Coleman since there was a decidedly mixed result between them.
[ 5 ] There shall be no order as to costs.
T. McEwen J.
Date: November 13, 2012