COSTS ENDORSEMENT
COURT FILE NO.: CV-14-4472-00
DATE: 2015 10 07
SUPERIOR COURT OF JUSTICE - ONTARIO
RE: WEI LU v. DUKE CHEUNG and D.C. GROUP INC.
BEFORE: Fragomeni J.
COUNSEL: Rolf M. Piehler, for the Applicant
Bernie Romano, for the Respondents
COSTS ENDORSEMENT
[1] On August 10, 2015 I received costs submissions from the Respondents/Moving Parties, Duke Cheung and D.C. Group Inc., further to my endorsement of July 22, 2015.
[2] By facsimile dated October 1, 2015 I received the following letter from counsel for Mr. Lu:
Further to your fax note of September 16th, 2015, we advise that our client is currently residing in China and, as such, we have been unable to obtain instructions.
We will therefore not be filing costs submissions on his behalf.
Please accept our apologies for the late reply.
[3] The Respondents submit that they are entitled to their costs of the motion and the attendance on July 17, 2015 fixed in the amount of $1,500.00 plus HST.
[4] The Respondents acknowledge that they did not obtain an Order striking the Applicant’s pleadings, however, they were successful in obtaining an order in accordance with part of their alternative relief claimed.
[5] I agree with the position of the Respondents. The relief they obtained was substantial and significant in moving this matter forward.
[6] In all of the circumstances I am satisfied that costs in the all-inclusive sum of $1,800.00 is reasonable.
[7] An order shall issue that the Applicant pay to the Respondents their costs fixed in the all-inclusive sum of $1,800.00.
Fragomeni J.
Date: October 7, 2015
COURT FILE NO.: CV-14-4472-00
DATE: 2015 10 07
SUPERIOR COURT OF JUSTICE - ONTARIO
RE: WEI LU v. DUKE CHEUNG and D.C. GROUP INC.
BEFORE: Fragomeni J.
COUNSEL: Rolf M. Piehler, for the Applicant
Bernie Romano, for the Respondents
COSTS ENDORSEMENT
Fragomeni J.
DATE: October 7, 2015