SUPERIOR COURT OF JUSTICE - ONTARIO

COURT FILE NO.: 84/15

DATE: 20150819

RE: Exclusive Transfer Enterprise Corporation, Plaintiff

AND:

1327900 Ontario Ltd., 1675438 Ontario Ltd., Mary Linden, Stephen Brooks and 2276472 Ontario Ltd., Defendants

BEFORE: B. G. MacDougall, J.

COUNSEL:
Trevor Winter, Counsel, for the Plaintiff

Oliver Cooper, Counsel for the Defendants, 1327900 Ontario Limited, 1675438 Ontario Limited and Stephen Brooks

Geoffrey Adair, Counsel for the Defendants, 2276472 Ontario Limited and Mary Linden

HEARD: May 22, 2015 and June 2, 2015

costs ENDORSEMENT

[1] The Plaintiff’s action seeks an order for specific performance of the terms of a purported oral commercial lease.

[2] The Plaintiff brought a Summary Judgment motion which I dismissed as I ruled that I was “unable to rule on the merits fairly and justly without a trial…” I also directed that the matter should proceed as an “expedited trial” along with additional procedural directions. As the Defendants were successful in opposing Plaintiff’s Motion they are entitled to costs of the motion.

[3] In reviewing the costs submissions of counsel, Mr. Oliver Cooper, for the Defendants, 1327900 Ontario Limited, 1675438 Ontario Limited and Stephen Brooks and Mr. Geoffrey Adair, counsel for the Defendants, 2276472 Ontario Limited and Mary Linden. I am of the view that a considerable part of time and research expended (particularly as set out in Mr. Cooper’s costs submissions) and including the cross-examination on the Affidavits, will be beneficial to both Defendants’ counsel for the trial. I am restricting my costs order to what I consider are reasonable costs for the motion.

[4] Those other costs may be considered when the trial costs are being dealt with.

[5] The Summary Judgment motion was argued in one day.

[6] I fix Mr. Cooper’s costs for the motion at $15,000.00 plus H.S.T. and disbursements for photocopy and binding only of $397.40.

[7] I fix Mr. Adair’s costs at $10,000.00 plus H.S.T. and disbursements of $417.54.

[8] The other disbursements claimed may also be considered, if necessary when the trial costs are being determined.

MacDougall, J.

Date: August 19, 2015