SUPERIOR COURT OF JUSTICE - ONTARIO

COURT FILE NO.: CV-11-438106
DATE: 20120814

RE: Belair Direct

and

Penny Moar Shoup, Michael Moar, and Jon Peter Mulder

BEFORE: Justice E.M. Morgan

COUNSEL: Brian Lucas, for the Applicant

Rebecca Nelson, for the Respondent Penny Moar Shoup

Elizabeth Iwata, for the Respondent Michael Moar

DATE HEARD: August 8, 2012

C O S T S E N D O R S E M E N T

[1] This costs endorsement is further to my reasons for judgment issued on August 0, 2012, in which I awarded costs to the Respondents Penny Moar Shoup (“Shoup”) and Michael Moar (“Moar”) to be paid by the Applicant on a partial indemnity scale.

[2] I have now received bills of costs from counsel for Shoup as well as counsel for Moar. They are both in the same range, and both include disbursements and HST calculations. I do note that counsel for Shoup prepared and argued the entire case on her own whereas counsel for Moar prepared the case together with two junior lawyers and so her bill is slightly higher.

[3] Counsel for Shoup and Moar shared the response to the application more or less equally, and it seems to me appropriate to award them each costs at the same level. I will take the Shoup bill of costs as the common denominator, and hereby award costs payable by the Applicant to Shoup and Moar in the amount of $12,300.00 each.

Morgan J.

DATE: August 14, 2012