SUPERIOR COURT OF JUSTICE - ONTARIO

COURT FILE NO.: 06-28661
DATE: 2012-12-06

RE: Whitehall Homes & Construction Ltd., Plaintiff

A N D: Brian Hanson and Elaine Hanson, Defendants

BEFORE: The Honourable Madam Justice J. A. Milanetti

COUNSEL: Manjit Singh, for the Plaintiff
Brian Hanson, In-Person

HEARD: November 23, 2012

E N D O R S E M E N T

[ 1 ] I insisted that these parties appear before me this day. By way of background I would indicate that I heard a long motion and rendered a decision on June 5 th , 2012. I was asked thereafter to assess costs, and thus released a costs decision on August 22 nd , 2012. It was later suggested in a letter that I had made a mathematical error in my calculation. I now understand that that letter was sent erroneously by the offices of the plaintiff. Before realizing of this mistake, and without knowing that in fact the matter had been settled as between the parties, I released an amended costs decision on October 4 th , 2012.

[ 2 ] It was later brought to my attention that the original letter was sent out in error. It is now clear to me that I should not have released an amended costs decision as the parties had arrived at an agreement to settle. I will thus rescind my second costs decision of October 4 th , 2012 as it was made subsequent to an agreement between the parties of which I was unaware. The initial costs decision of August 22 nd shall stand. I required counsel to attend before me to explain the sequence. The defendant Mr. Hanson appeared personally and wanted me to reopen my original costs decision. I declined to do so, but did accede to his request that he be awarded costs of this further attendance. Costs are thus ordered payable by the plaintiff to Mr. Hanson in the amount of $1,500.00.

DATE: December 6, 2012

MILANETTI J.