Court File and Parties

Court File No.: CV-13-491486
Date: 2014-11-27

SUPERIOR COURT OF JUSTICE - ONTARIO

RE: CNL STAMPING & TOOLING INC., Plaintiff (Respondent in Appeal)

AND:

LORWOOD HOLDINGS INCORPORATED, VMS HOLDINGS INC.,

CARMINE GUGIETTI and DONNA FIORE, Defendants (Appellants)

BEFORE: STEWART J.

COUNSEL:
Paul H. Starkman, for the Plaintiff (Respondent in Appeal)

Richard Macklin and Ed Hiutin, for the Defendants (Appellants)

HEARD: In Writing

Endorsement

[1] In my endorsement of October 3, 2014 in this matter, I invited counsel for the parties to make written submissions on costs if that subject could not be agreed upon by them. I now have received and considered submissions from the parties.

[2] The Plaintiff was successful in resisting this appeal by the Defendants from the decision of the Master. In my view, the successful Plaintiff should recover an award of costs.

[3] When all of the factors affecting costs are considered and in particular, the comparatively straightforward nature of the issue and modest material involved, I consider a fair and reasonable amount to award for costs is $4,500.00, inclusive of disbursements and applicable taxes. That amount shall be paid to the Plaintiff by the Defendants within 90 days of today’s date. The award may be set off against any other outstanding order for costs made against the Plaintiff in these proceedings.

STEWART J.

Date: November 27, 2014