Court File and Parties
CITATION: Cordero-Barnett v. Breslau Holdings, 2016 ONSC 2351
COURT FILE NO.: C-734-13
DATE: 2016-04-07
SUPERIOR COURT OF JUSTICE - ONTARIO
RE: Sadiq James Jason Cordero-Barnett and Charlotte Cordero-Barnett, Plaintiffs
AND:
Breslau Holdings Inc., Breadner Trailer Sales Amalgamated Ltd., Robert Brunnenmeir, Flightpath Charter Airways Inc., 2308383 Ontario Limited, Robert Breadner and Cornelius Weyers, Defendants
BEFORE: The Honourable Mr. Justice R.D. Reilly
COUNSEL: John P. Ormston, Counsel for the Plaintiffs/Moving Parties
Clarke L. Melville, Counsel for the Defendants/Responding Parties
HEARD: January 28, 2016
RULING on Costs
[1] Ruling on the motion was published by the court on February 18, 2016. The court dismissed the plaintiffs’ claim for injunctive relief. The court also dismissed the plaintiff’s claim for an order establishing a maintenance reserve for the King Air aircraft. On consent, an order was directed requiring revelation and production of financial and other relevant information on a quarterly basis.
[2] With respect to the contentious issues on the motion (the injunctive relief and the maintenance reserve) the defendants/responding parties were entirely successful. Therefore they are entitled to an order for costs on a reasonable basis. I have carefully considered the bill of costs submitted by counsel for the responding parties and find it quite reasonable in the circumstances. I therefore direct that the plaintiffs/moving parties shall pay costs of the motion to the defendants/responding parties on a partial indemnity basis of $25,000, inclusive of disbursements and taxes. Costs are payable forthwith.
[3] The parties are to be commended for resolving the other issue on consent. The court hopes that any remaining issues may also be resolved as they relate to this commendable enterprise, to avoid the necessity of a trial which would otherwise be necessary to resolve issues of credibility and reliability of the numerous witnesses.
R.D. Reilly J.
Date: April 7, 2016