Court File and Parties

Citation: Jazz Solar Solutions Inc. v. Ontario Solar Provider Inc., 2016 ONSC 8157

Court File No.: 15-69920

Date: 2016-12-29

Superior Court of Justice - Ontario

Re: 7348291 Canada Inc. o/a Jazz Solar Solutions Inc., Plaintiff

And: 241446 Ontario Inc. o/a Ontario Solar Provider Inc., et. al., Defendants

Before: Mr. Justice Calum MacLeod

Counsel: Thomas G. Conway & Carman M. Baru, for the Plaintiff J. Colin Alexander, for the Defendants

Heard: July 21st, 2016 – costs submissions in writing

Costs Endorsement

[1] On November 23rd, 2016 I released reasons granting partial summary judgment to the moving party plaintiff. Although I agreed with the defendant that summary judgment on the remaining portions of the claim was premature, I made an order defining the issues for trial pursuant to Rule 20.05.

[2] The parties have been unable to agree on costs of the motion.

[3] I do not agree with the defendant that the motion was not necessary. It was only in the face of the motion that the defendant admitted for the first time a specific amount that was due and owing. It may well turn out that much more is owing and the admission in the face of the motion can be charitably described as a grudging admission.

[4] The plaintiff is entitled to costs on a partial indemnity scale. I fix those costs at $15,000.00 which are payable forthwith.

Mr. Justice Calum MacLeod

Date: December 29, 2016