Court File and Parties

Court File No.: CV-09-384618
Date: 2013-10-22

SUPERIOR COURT OF JUSTICE - ONTARIO

RE: 1430556 Ontario Limited

Plaintiff

• and -

Francesco Calandra, also known as Frank Calandra, Mario N. Pacione, Luciano Pacione, 1290100 Ontario Inc. and 2058383 Ontario Inc.

Defendants

Before: The Honourable Mr. Justice Kevin Whitaker

Counsel:
Allan S. Halpert,
for the Plaintiff

Vito S. Scalisi,
for the Defendant, Frank Calandra

Mario Pacione, in Person

Luciano Pacione, in Person

Heard: Written Submissions

E N D O R S E M E N T

Re COSTS

[1] I have considered the parties’ submissions as to costs, and the factors set out in Rule 57 that should guide the exercise of my discretion. I am mindful that any award of costs should reflect the reasonable expectations of the parties and be proportionate to the circumstances of the dispute. I note that the defendant was entirely successful.

[2] The defendant is entitled to his costs inclusive of taxes and disbursements, fixed at $5000.00 payable forthwith.

Whitaker J.

DATE: October 22, 2013