Court File and Parties

COURT FILE NO.: CV-15-4815-00; CV-15-5066-00; CV-15-3461-00 DATE: 2016 05 20

SUPERIOR COURT OF JUSTICE – ONTARIO

RE: Hardath Singh, Ramkali Mohan and 1415006 Ontario Ltd. Applicants v. Maple Leaf Wheelchair Manufacturing Inc. and Ralph Mohan Respondents

And Between

Ralph Mohan Applicant v. Maple Leaf Wheelchair Manufacturing Inc., Hardath Singh and Ramkaly Mohan Respondents

And Between

Maple Leaf Wheelchair Manufacturing Inc. Plaintiff v. Gavin Mohan, Ralph Mohan, My Life Wheelchair Inc. and Ripe Entertainment aka Ripe Resolution Defendants

BEFORE: Bloom, J.

COUNSEL: Jacob Wilson and Eric Brousseau for Ralph Mohan John Russo for Ramkali Mohan, Hardath Singh, and 1415006 Ontario Ltd. Jeff Cook for Maple Leaf Wheelchair Manufacturing Inc.

COSTS ENDORSEMENT

[1] I have considered the submissions of counsel on the costs issue, including reply submissions. These are my reasons on that issue.

[2] Hardath Singh, Ramkali Mohan, 1415006 Ontario Ltd., and Maple Leaf Wheelchair Manufacturing Inc. were successful in securing a stay of the Notice of Arbitration. That success was based on the invocation of a legal principle based on the policy against a multiplicity of proceedings and inconsistent findings of fact. I found that that principle outweighed the policy favouring the enforcement of arbitration agreements.

[3] In the circumstances fairness dictates that I not follow the principle commended to me by the successful parties that costs should be awarded based on result. Fairness is a factor which is contemplated by Rule 57.01(i) of the Rules of Civil Procedure.

[4] I order that costs be in the cause. The trial judge will be able to address the costs question fairly in the context of both the disposition of the conflicting claims, and a full understanding of the procedural history.

Bloom, J. DATE: May 20, 2016