Court File and Parties

Court File No.: CV-14-504080
Date: 20140723

SUPERIOR COURT OF JUSTICE - ONTARIO

RE: Sprott Private Wealth LP

AND:

BMO Nesbitt Burns Inc., Stavro Trakas, Matthew Conduit and Bradley Patterson

BEFORE: F.L. Myers J.

COUNSEL:
Shaun Laubman, for the Plaintiff/Moving Party

Ian R. Dick, for the Defendants/Respondents

HEARD: Written Submissions

Costs Endorsement

[1] By a handwritten endorsement dated June 27, 2014, I granted interlocutory injunctions concerning non-solicitation and confidentiality and I invited counsel to agree upon costs. Counsel have advised that they have agreed upon the quantum of costs at $105,000 all inclusive. Accordingly, the quantum of costs of the motion including the prior attendances is fixed at $105,000. Liability is reserved to the judge who hears the final disposition of this action. While it seems to me likely that the costs will go to the plaintiff if it wins at trial, and I expect that the sum of $105,000 reflects the plaintiff's costs, I am not inclined to order now that the costs be paid to the plaintiff in the cause (i.e. contingent upon it winning). I do not know all the permutations and combinations that may come into play as the facts unfold over time. Accordingly, while I think it appropriate to fix the quantum while the events in which costs were incurred are fresh in the parties' minds, I am not inclined to bind the hands of the later judge on liability.

[2] I commend counsel for their successful efforts to lead their clients to an efficient agreement.

F.L. Myers J.

Date: ** July 23, 2014**