1420041 Ontario Inc. v. 1 King West Inc., 2015 ONSC 1332

COURT FILE NO.: 05-CV-300372PD3

DATE: 20150227

SUPERIOR COURT OF JUSTICE - ONTARIO

RE: 1420041 ONTARIO INC., Plaintiff

AND:

1 KING WEST INC., Defendant

BEFORE: Mr. Justice Stephen Firestone

COUNSEL: Paul Guy, for the Plaintiff

Megan Mackey, for the Defendant

HEARD: In Writing

ENDORSEMENT

[1] The parties have agreed that 1 King West is to pay 1420041 costs of the summary judgment motion heard before me in the sum of $18,000 all-inclusive on a partial indemnity basis.

[2] The only issue is whether that amount should be set-off by an outstanding cost award owing by 1420041 to 1 King West regarding a previous cost order of this court.

[3] I have considered the written submissions of counsel. Given that the prior cost award relates to a separate motion as well as the fact that there may be some dispute regarding the issue of interest on that prior cost award, it would not be appropriate in my view to order a set-off.

Firestone J.

Date: February 27, 2015