Court File and Parties
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
1On 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.
2The parties have been unable to agree on costs of the motion.
3I 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.
4The 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