SUPERIOR COURT OF JUSTICE – ONTARIO

(COMMERCIAL LIST)

COURT FILE NO.: CV-09-8241-00CL
DATE: 20131015

RE: IN THE MATTER OF THE COMPANIES’ CREDITORS ARRANGEMENT ACT, R.S.C. 1985, c. c-36, AS AMENDED

AND:

IN THE MATTER OF A PROPOSED PLAN OF COMPROMISE OR ARRANGEMENT WITH RESPECT TO FRASER PAPERS INC./PAPIERS FRASER INC. AND FPS CANADA INC., Applicants

BEFORE: MORAWETZ J.

COUNSEL:
D. J. Miller and J. T. Porter, for the Applicants in the CCAA Proceedings and for the Former Directors in the Quebec Class Action

D. Wray, J. Kugler and K. Duranleau, for the Quebec Class Action Plaintiffs

A. Merskey and V. Sinha, for AON Conseil Inc. c.o.b. as AON Hewitt

SUPPLEMENTARY COSTS ENDORSEMENT

[1] This Supplementary Costs Endorsement relates to the Costs Endorsement in Fraser Papers Inc. (Re), 2013 ONSC 473.

[2] Paragraph 13 of the Costs Endorsement provides that all disbursements (with the exception of the Hicks Morley Account) are to be added to the cost award and further particulars with respect to the Hicks Morley Account were requested.

[3] Full details of the Hicks Morley Account have now been provided. The Hicks Morley account reflects a substantial discount from the docketed time and, in my view, represents fair value for services rendered. It seems to me that the disbursement account is reasonable in the circumstances. I am satisfied that the entire account of Hicks Morley in the amount of $22,643.09 is an appropriate disbursement to have been incurred and is to be added to the award. The revised amount is therefore $45,000 plus disbursements in the amount of $31,365.96 plus HST.

Morawetz J.

Date: October 15, 2013