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] 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”).

[2] The 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.

[3] In my view, the Plaintiff’s request is quite reasonable and PCL’s response is appropriate. Would that all litigants and counsel were so minded.

[4] PCL shall therefore pay the Plaintiff costs in the amount of $16,493.42, inclusive of disbursements and HST.

[5] 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…”

[6] That, 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