NEWMARKET

COURT FILE NO.: CV-09-091325-00

DATE: 2015-07-08

SUPERIOR COURT OF JUSTICE - ONTARIO

RE: FRANK PIRPAMER, Applicant

AND:

MARK ZANETTE, STEPHEN ZANETTE AND RANDY ZANETTE, AMELIA MIRAGLIOTTA AND FRANCESCO DI NARDO, Respondents

BEFORE: THE HON. MR. JUSTICE J.R. McISAAC

COUNSEL:

Patrick Di Monte, Counsel, for the Respondent, Amelia Miragliotta and Francesco Di Nardo

Wendy H. Greenspoon-Soer, Counsel, for the Respondents Mark Zanette, Stephen Zanette and Randy Zanette

HEARD: By Written Submissions

ENDORSEMENT

[1] I have received and reviewed counsels’ written submissions as to costs of this “motion”. As successful, the Zanettes are presumptively entitled to their costs. However, they submit that substantial indemnity costs should be awarded. I see nothing in the record that would support this outcome. There is no R. 49 offer and no suggestion of misconduct during the course of the litigation. Given the previous attendance before Bird, J. on January 13, 2015, I see no justification for the suggestion of over-preparation on the part of the Zanettes’ counsel. Nor do I perceive any genuine spirit of compromise reflected in the negotiations advanced by Miragliotta and Di Nardo.

[2] I am prepared to award costs to the Zanettes on the partial indemnity scale which I fix in the amount of $7,500.00 inclusive of HST and disbursements. So ordered.

McISAAC J.

Date: July 8, 2015