Superior Court of Justice – Ontario
Court File No.: 07-CV-327652 PD3
Date: 20130328
RE: Bank of Nova Scotia, Plaintiff
– AND –
Lockerbie & Hole Industrial Inc., Modern Niagara Toronto Inc., M.A. Stewart & Sons Ltd., and PCL Constructors Canada Inc., Defendants
Before: Justice E.M. Morgan
Counsel:
Lee Samis and John Bradbury, for the Plaintiff
John L. Davis and R. Lee Akazaki, for the Defendants, Lockerbie & Hole Industrial Inc. and PCL Constructors Canada Inc.
Heard: January 16, 2013
COSTS ENDORSEMENT
[1]
Costs
On March 14, 2013, I released my reasons for judgment dismissing the summary judgment motion brought by the Defendants Lockerbie & Hole Industrial Inc. and PCL Constructors Canada Inc. (“PCL”).
2The Plaintiff was successful in the motion and requests its costs on a partial indemnity scale. As submitted in the Plaintiff’s costs outline, these costs come to a total of $16,493.92, including all disbursements and HST. PCL’s counsel submits that it takes no objection to the quantum of costs requested by the Plaintiff.
3In my view, the Plaintiff’s request is quite reasonable and PCL’s response is appropriate. Would that all litigants and counsel were so minded.
4PCL shall therefore pay the Plaintiff costs in the amount of $16,493.42, inclusive of disbursements and HST.
[5]
Correction of Typographical Error
I will take this opportunity to correct a typographical error that appears in my reasons for judgment of March 14, 2013. In paragraph 16, the second sentence states: “The Plaintiff amended its Statement of Defence…”
6That, of course, is incorrect. Plaintiffs do not typically amend statements of defence; defendants do. The sentence should properly read: “PCL amended its Statement of Defence…”
Morgan J.
Date: March 28, 2013