COURT FILE NO.: CV-11-442786

DATE: 20121119

SUPERIOR COURT OF JUSTICE - ONTARIO

RE: Blair Levinsky, Applicant

AND:
The Toronto-Dominion Bank and TD Securities Inc., Respondents

BEFORE: Pollak J.

COUNSEL:
Paul J. Pape/David S. Steinberg , for the Applicant
Stephen F. Gleave/Richelle M. Pollard , for the Respondents

HEARD: September 10, 2012

ENDORSEMENT RE COSTS

[ 1 ] I have received and considered the cost submissions of the parties. The Applicant submits that as the Respondent had not objected to proceeding by way of Application, the costs of the Application should be reserved to the trial judge. I agree, as the trial judge will be in a better position to assess the costs that are thrown away as a result of this Application. Further, the Court does not have the necessary evidence before it to determine whether the Respondents were, as is submitted by the Applicant, in agreement that the Application procedure was appropriate. Although the Applicant did raise the issue in his Factum, the reference to the procedure by way of Application was extremely brief and the Respondents did not provide any analysis with respect to that argument.

[ 2 ] I therefore reserve the costs of the Application to the trial judge.

Pollak J.

Date: November 19, 2012