Court File and Parties
Court File No.: CV-16-559622 Date: 2017-02-10 Ontario Superior Court of Justice
Between: EDGETCH HVAC SERVICES LTD., 2399704 ONTARIO INC., 2307199 ONTARIO INC., RANDY TAYLOR and THOMAS PRAKASH, Plaintiffs
– and –
JASWINDER SINGH UBHI, also known as JESSE SINGH UBHI, NEHA UBHI, ROVIND BAHRA, AMANJOT SINGH SWAICH, also known as AMAN SINGH SWAICH, ARJUN BAHRA, SURINDERJIT SINGH, also known as VIC SINGH, HARMINDER SINGH BHINDER, also known as MICKY SINGH BHINDER, JAMES HUANG, EXTREME GAS DETECTION INC., EXTREME GAS CALIBRATIONS INC., JOHN DOE, JANE DOE, and other persons unknown who have conspired with the named Defendants, Defendants
Counsel: James Zibarras and John Philpott, for the Plaintiffs Gregory M. Sidlofsky, for the Defendants
Heard: In Writing
V.R. Chiappetta J.
Costs Judgment
[1] Further to the release of my reasons for judgment dated December 7, 2016, I have received the following costs submissions:
(1) From Mr. Zibarras, on behalf of the plaintiffs, dated December 23, 2016; (2) From Mr. Sidlofsky, on behalf of the defendants, dated January 27, 2017; (3) From Mr. Simley, on behalf of the plaintiff, Randy Taylor in his personal capacity, dated February 3, 2017; and (4) From Mr. Henderson, on behalf of the plaintiff, Thomas Prakash in his personal capacity, dated February 7, 2017.
[2] I have carefully considered all submissions in light of the outcome of the interim proceeding before me, my findings therein and my ultimate conclusion. I make no findings with respect to the events alleged to have occurred subsequent to the granting of the injunction. I cannot ignore, however, that something happened that, once findings are made, may likely impact the costs awarded as a result of the hearing before me. In my view, costs are not appropriately awarded on the interim proceeding until there is an assessment of evidence and findings of fact considering the subsequent events. For this reason, I exercise my discretion under s. 131 of the Courts of Justice Act to reserve the costs of the interim proceeding to the trial judge or, on the consent of all parties, to the judge disposing of an oppression application brought by a shareholder of Edgetch HVAC Services Ltd.
V.R. Chiappetta J. Released: February 10, 2017