Court File and Parties

CITATION: Cikalo v. 1889072 Ontario Limited, 2016 ONSC 6649

COURT FILE NO.: CV-16-23564

DATE: 2016-10-26

SUPERIOR COURT OF JUSTICE - ONTARIO

RE: Tammy Lynn Cikalo, Applicant (Responding Party)

AND:

1889072 Ontario Limited, Michael Christopher Rohrer and Martin Charles Bernholtz, Respondents (Moving Parties)

BEFORE: Carey J.

COUNSEL: Steven Pickard, for the Applicant (Responding Party) Benjamin Salsberg, for the Respondents (Moving Parties)

HEARD: Written submissions

ENDORSEMENT on costs

[1] The parties have been unable to agree as to costs in this matter, or it appears on anything else in the case. As noted in my endorsement of July 21, 2016, there was a disagreement as to whether the order constitutes the condition of an adjournment or an interlocutory injunction. As is evident from my endorsement, the unsuccessful applicants in responding to the motion relied on submissions that, in my view, suffered from an excess of hyperbole.

[2] At the same time, the costs requests of the respondents (moving parties) are wildly excessive and unsubstantiated by the costs outline. This was a two-hour motion punctuated by unnecessary rancour, the fault for which rests primarily at the feet of the applicant (responding party). This is an appropriate case for costs to be fixed in the cause. Costs are fixed at $5,000 payable by the applicant to the responding party in the cause.

Original signed by Justice Thomas J. Carey

Thomas J. Carey

Justice

Date: October 26, 2016