Court File and Parties

COURT FILE NO.: 12-53886 DATE: 2016/09/20 ONTARIO SUPERIOR COURT OF JUSTICE

BETWEEN:

Carmen Scaffidi-Argentina, Michaelangelo Scaffidi-Argentina, Sheila Scaffidi-Argentina And Marissa Scaffidi-Argentina Plaintiffs – and – Tega Homes Developments Inc., Goodeve Manhire Inc., Goodeve Manhire Partners Inc., Paterson Group Inc. and The City of Ottawa Defendants

Counsel: Ronald Price and Nadia Authier, for the Plaintiffs David Bertschi and Stéphanie Drisdelle, for the Defendant, Tega Homes Mark Frederick and Elizabeth Ackman, for the Defendants Goodeve Manhire Inc. and Goodeve Manhire Partners Inc. Kelly McMullan for Paterson Group Inc.

HEARD: In writing

Endorsement re Costs Submissions

SHEARD J. September 20, 2016

[1] By letter dated September 2016, Counsel for Goodeve Manhire Inc. and Goodeve Manhire Partners Inc. has asked that her clients’ costs of the Damages Trial be reserved to be determined at the time of the Liability Trial. I am seized of that trial.

[2] As the plaintiffs’ action against Goodeve was dismissed without costs prior to the Damages Trial, Goodeve’s claim for its costs of the Damages Trial would be against Tega Homes Developments Inc., which has kept Goodeve in the action by way of its cross-claim. Tega is on notice of Goodeve’s cost claim.

[3] I have not heard from Tega on this issue. If Tega opposes Goodeve’s request, then I would ask for that issue to be addressed in Tega’s costs submissions on the Damages Trial.

[4] If Tega consents or does not oppose Goodeve’s request the I am prepared to allow the issue of Goodeve’s costs of the Damages Trial to be reserved to be determined at the time of the Liability Trial.

[5] If Tega does oppose that request, then I grant Goodeve an extension to October 7, 2016 to deliver its costs submissions in the Damages Trial.

L. Sheard, J. Released: September 20, 2016