Superior Court of Justice - Ontario

Citation: Total Mechanical Systems Limited v. Sheet Metal Worker’s International Association, Local 30, 2016 ONSC 6936

Court File No.: CV-11-430943

Date: 2016-12-07

Re: Total Mechanical Systems Limited, Total Mechanical Systems 2003 Ltd., Riccardo Lettieri, Plaintiffs

And: Sheet Metal Worker’s International Association, Local 30, and Lea West, Defendants

Before: Pollak J.

Counsel: David J. Rose, for the Plaintiffs Julian Heller, for the Defendants

Heard: July 20, 2016

COSTS ENDORSEMENT

[1] I have had the opportunity to review cost submissions of both parties. I find that at the hearing of this motion counsel did reach agreement on the following basis: if the Moving Party Defendants were successful on the motion they would be entitled to costs on a partial indemnity basis of $35,000; and if the responding party Plaintiff was successful on the motion, costs on a partial indemnity basis of $8,700 would be awarded.

[2] Additional submissions were permitted requesting that costs on a substantial indemnity basis be granted.

[3] Having reviewed the submissions of the parties I find that it is appropriate in this case to award partial indemnity costs to victorious party defendants in the amount of $35,000 pursuant to the agreement of the parties, and I so order.

Pollak J.

Date: December 7, 2016