CITATION: Michele’s Italian Ristorante Inc. v. 1272259 Ontario Ltd., 2016 ONSC 6497
COURT FILE NO.: CV-16-550676
DATE: 20161018
ONTARIO
SUPERIOR COURT OF JUSTICE
BETWEEN:
MICHELE’S ITALIAN RISTORANTE INC.
Plaintiff
– and –
1272259 ONTARIO LTD. and BINDER BRAR
Defendants
AND BETWEEN:
1272259 ONTARIO LTD.
Plaintiff by Counterclaim
– and –
MICHELE’S ITALIAN RISTORANTE INC., MICKEY VESIA, also known as MICHAEL VESIA, also known as MICHELE VESIA, also known as MIKE VESIA, MICKELE’S BISTRO INC., JOEY JAMES TESKEY and ARLENE VESIA
Defendants by Counterclaim
John Gray for the Defendants and Plaintiff by Counterclaim
HEARD: In writing
PERELL, J.
REASONS FOR DECISION - COSTS
[1] The Defendant, Plaintiff by Counterclaim, 1272259 Ontario Ltd., (the “Landlord”), is the owner and operator of a Best Western Hotel in Toronto, in which it leases premises to the Plaintiff, Defendant by Counterclaim, Michele’s Italian Ristorante Inc. (“Ristorante”). The Landlord brought a summary judgment motion to, among other things, terminate Ristorante’s lease. Ristorante brought a cross-motion for relief from forfeiture and for an order requiring the Landlord to renew the lease. I granted the Landlord’s summary judgment motion, I dismissed Ristorante’s action, and I dismissed its cross-motion. See Michele’s Italian Ristorante Inc. v. 1272259 Ontario Ltd., 2016 ONSC 4888.
[2] I invited the parties to make costs submissions in writing. I received costs submissions from the Landlord. I did not receive submissions from Ristorante.
[3] Relying on s. 15.4 of the lease which provides that the Tenant shall pay the Landlord all costs and expenses including legal fees on a substantial indemnity basis incurred by the Landlord in enforcing the lease, the successful Landlord requested costs of $50,509.62 all inclusive.
[4] Having reviewed the bill of costs, I see no basis to refuse the amount requested. Accordingly, the Landlord shall have its costs as requested.
[5] Order accordingly.
Perell, J.
Released: October 18, 2016
CITATION: Michele’s Italian Ristorante Inc. v. 1272259 Ontario Ltd., 2016 ONSC 6497
COURT FILE NO.: CV-16-550676
DATE: 20161018
ONTARIO
SUPERIOR COURT OF JUSTICE
BETWEEN:
MICHELE’S ITALIAN RISTORANTE INC.
Plaintiff
– and –
1272259 ONTARIO LTD. and BINDER BRAR
Defendants
AND BETWEEN:
1272259 ONTARIO LTD.
Plaintiff by Counterclaim
– and –
MICHELE’S ITALIAN RISTORANTE INC., MICKEY VESIA, also known as MICHAEL VESIA, also known as MICHELE VESIA, also known as MIKE VESIA, MICKELE’S BISTRO INC., JOEY JAMES TESKEY and ARLENE VESIA
Defendants by Counterclaim
REASONS FOR DECISION - COSTS
PERELL J.
Released: October 18, 2016