BARRIE COURT FILE NO.: 14-1387

DATE: 20150810

SUPERIOR COURT OF JUSTICE - ONTARIO

RE: Simcoe Condominium Corporation No. 89, Applicant

AND:

Joseph Stefano Dominelli and Dianna Labranche, Respondents

BEFORE: THE HON. MADAM JUSTICE E.A. QUINLAN

COUNSEL:
S. Hodis, Counsel for the Applicant

F.A. McFarlane, Counsel for the Respondents

HEARD: By written submissions

SUPPLEMENTARY COSTS ENDORSEMENT

TO THE COSTS ENDORSEMENT DATED JULY 13, 2015

[1] After my costs endorsement in this matter was released, a letter from the respondents’ counsel that had been delivered prior to the release of the costs endorsement was brought to my attention. In the letter, the respondents objected to the applicant’s reply submissions and requested that they be ruled inadmissible due to the applicant’s failure to comply with my direction on length of submissions. I allowed the respondents to provide further submissions to address this issue.

[2] Having reviewed the respondents’ further submissions, I am satisfied that it was appropriate for me to consider the applicant’s reply submissions: they constituted proper reply. They did, however, exceed the directed length. I accept the respondents’ submission that the non-compliance by the applicant with the page limit had a bearing on the costs expended in preparing the reply submissions and that the quantum of costs awarded to the applicant for its reply submissions should be reduced.

[3] Accordingly, this court orders that paragraph 13 of my Costs Endorsement dated July 13, 2015 shall be varied as follows:

[13] Accordingly, this court orders that the respondents shall pay the applicant $45,750 in costs, including HST and disbursements within twenty days of the date of this order.

[4] All other terms shall remain the same.

QUINLAN J.

Date: August 10, 2015