SUPERIOR COURT OF JUSTICE - ONTARIO

Court File No: CV-13-476074
Date: 2014-01-03

RE: The Money Source Ltd. and Tribecca Finance Corporation
Plaintiffs

• and -

Rakesh Babber and Computer Needs Inc.
Defendants

Before: The Honourable Mr. Justice Stephen E. Firestone

Counsel:
Neil G. Wilson,
for the Plaintiffs/Defendant by Counterclaim, The Money Source Inc. and Tribecca Finance Corporation

Ray Thapar,
for the Defendant/Plaintiffs by Counterclaim, Computer Needs Inc.

Heard: Written Submissions

COSTS ENDORSEMENT

[1] On October 9, 2013 the plaintiffs motion for a consolidation of Small Claims Court File No. SC-12 16519 with this action, a stay of the Small claims Court action pending the disposition of this action or in the alternative, an order striking paragraphs 42(b) and (c) of the defendant’s counterclaim was partially argued before me.

[2] During the course of argument it was agreed between counsel that this matter would be adjourned to November 15, 2013 so that settlement discussions could take place.

[3] On November 15, 2013 counsel appeared before me and advised that the motion had been settled save and except the issue of costs. At that time I set forth the timetable to be followed regarding the filing of costs submissions.

[4] I have reviewed and considered the well written costs submissions of counsel.

[5] Costs are within the discretion of the Court: Courts of Justice Act, s. 131(1). The court has broad discretion when determining the issue of costs. Rule 57.01 (1) sets out the factors the court may consider when determining costs.

[6] In light of the fact that this motion ultimately settled between the parties and taking into account the terms of that settlement, in my view, it is in the interests of justice that the parties bear their own costs.

[7] I, therefore, order that there be no order as to the costs of this motion.

[8] The parties may submit directly to me the final form of order approved as to form and content for my signature.

Firestone J.

DATE: January 3, 2014