Court File and Parties

COURT FILE NO.: CV-11-431351
DATE: 20121119
SUPERIOR COURT OF JUSTICE - ONTARIO

RE: Surrogit Investments Inc., Plaintiff

AND:

Allied Global Holdings Inc., Defendant

BEFORE: Pollak J.

COUNSEL:
Douglas Langley , for the Plaintiff

Darryl Mann , for the Defendant

HEARD: July 16, 2012 and August 20, 2012

ENDORSEMENT RE COSTS

[ 1 ] I have received and considered the cost submissions of the parties. I accept the submissions of Surrogit that the parties agreed that the costs of the motion on a partial indemnity basis would be in the amount of $24,026. Notwithstanding the fact that another day of argument was required, the Court was not advised that such agreement between the parties was changed.

[ 2 ] This Court does not agree with Allied’s submissions that the motion had little chance of success. For this reason, the Court declines to award costs to the successful party, Allied, on a substantial indemnity basis.

[ 3 ] Finally, Allied submits that the Court should apply cost consequences pursuant to Rule 49 as a result of an Offer of Settlement it made to Surrogit on January 12, 2012. This Offer expired on January 31, 2012. The motion was heard in September, 2012 after the Offer to Settle had expired. Further, as submitted by Surrogit, the Offer to Settle was not with respect to the motion for summary judgment but with respect to settling the entire Action.

[ 4 ] For all of these reasons, the Court awards costs to the successful party, Allied, in the amount of $24, 026 on a partial indemnity basis.

Pollak J.

Dated: November 19, 2012