All Canadian Mechanical v. Henderson et al, 2012 ONSC 5620

CITATION: All Canadian Mechanical v. Henderson et al, 2012 ONSC 5620

COURT FILE NO.: DC-10-11

DATE: 2012-10-05

SUPERIOR COURT OF JUSTICE – ONTARIO

RE: All Canadian Mechanical and Electrical Inc.

and

Ryan Henderson and Ryan Cyrankiewicz, c.o.b. as Tabu Nightclub

COURT FILE NO.: DC-7-11

RE: Andy Wilson, c.o.b. as A W Electricial Services

and

Ryan Henderson and Ryan Cyrankiewicz, c.o.b. as Tabu Nightclub

COURT FILE NO.: DC-9-11

RE: JAS 3 Heating Cooling Refrigeration

and

Ryan Henderson and Ryan Cyrankiewicz, c.o.b. as Tabu Nightclub

COURT FILE NO.: DC-8-11

RE: Stanton Mechanical Ltd.

and

Ryan Henderson and Ryan Cyrankiewicz, c.o.b. as Tabu Nightclub

BEFORE: The Honourable Mr. Justice P.J. Flynn

COUNSEL: Steven D. Gadbois, Counsel for the Appellants (Plaintiffs)

Timothy J. McGurrin, Counsel for the Defendants (Respondents)

COSTS ENDORSEMENT

[1] The successful Defendants (Respondents) seek partial indemnity costs for these four appeals in the amount of $2,623.88 each, inclusive of tax and disbursements – i.e. $10,495.51 in total.

[2] The Plaintiffs (Appellants) request that the court make no order as to costs, or, failing that, award only $750 in respect of each appeal – a total of $3,000.

[3] Counsel for the Appellants makes no complaint about the partial indemnity rate claimed nor about the time spent by the Respondents’ counsel.

[4] The Appellants’ own Costs Outline shows costs on a partial indemnity basis of $9,549.24.

[5] I am satisfied that the successful Defendants’ requests meet the Boucher test.

[6] Accordingly, costs in the amount of $2,623.88 on each case (total $10,495.51) shall be paid by the Appellants to the Respondents.

P.J. Flynn J.

Released: October 5, 2012