ONTARIO
SUPERIOR COURT OF JUSTICE
COURT FILE NO.: 7680/13
DATE: 2014-01-09
B E T W E E N:
740170 Ontario Inc. o/a Bell Contracting
Richard J. W. Andrews, for the Appellant/Plaintiff
Plaintiff
(Appellant)
- and -
Bromac Construction & Engineering Ltd. and Bromac Construction Inc.
Peter A. Mahoney, for the Respondents/Defendants
Defendants
(Respondents)
THE HONOURABLE JUSTICE J. R. HENDERSON
COSTS DECISION ON APPEAL
[1] The Appellant/Plaintiff was successful, but not wholly successful, on this appeal. Specifically, in my Decision on Appeal dated December 16, 2013, I set aside the decision of the Deputy Judge and allowed the Plaintiff’s claim to proceed to trial, but I directed that the issues of the identity of the parties to the contract, the applicability of the limitation period, and the personal liability of the Bells were to be reserved to the trial judge.
[2] Furthermore, the primary problem that gave rise to the motions before the Deputy Judge, and the subsequent appeal, was the misnomer of the Plaintiff in the Plaintiff’s Claim. As a result of this appeal the Appellant/Plaintiff has been permitted to continue with the action in spite of the problem that was created by the Appellant/Plaintiff. That benefit to the Appellant/Plaintiff does not justify a costs award in its favour.
[3] Under these circumstances, there will be no costs of this appeal.
Henderson J.
Released: January 9, 2014
COURT FILE NO.: 7680/13
DATE: 2014-01-09
ONTARIO
SUPERIOR COURT OF JUSTICE
B E T W E E N:
740170 Ontario Inc. o/a Bell Contracting
Plaintiff
(Appellant)
- and –
Bromac Construction & Engineering Ltd. and Bromac Construction Inc.
Defendants
(Respondents)
COSTS DECISION ON APPEAL
Henderson J.
Released: January 9, 2014