Court File and Parties

CITATION: Tree-Techol Tree Technology v. Via Rail Canada Inc., 2017 ONSC 1586

COURT FILE NO.: 14-45810

DATE: 2017-03-09

SUPERIOR COURT OF JUSTICE - ONTARIO

RE: TREE-TECHOL TREE TECHNOLOGY AND RESEARCH COMPANY INC., 1374007 ONTARIO LTD., AND BRYAN M. MCNAIR, Plaintiffs

AND:

VIA RAIL CANADA INC., and CANADIAN NATIONAL RAILWAY COMPANY

BEFORE: The Honourable Mr. Justice D.J. Gordon

COUNSEL: Eric Savas, Counsel for the Plaintiffs Thomas J. Hanrahan, Counsel for the Defendants Stephen R. Moore, Counsel for the non-party, Intact Insurance Company

SUPPLEMENTARY ENDORSEMENT re: costs

[1] In my endorsement, released February 1, 2017, I invited written submissions from counsel on the issue of costs.

[2] In its motion, the non-party, Intact Insurance Company, sought an order granting leave to add it as an intervener and compelling the plaintiffs to amend their statement of claim. Their motion was dismissed.

[3] Counsel for the plaintiffs and for the defendants delivered their written submissions, both seeking a cost award against Intact.

[4] Counsel for Intact has not delivered submissions, the time for same now having expired. In result, I assume Intact does not oppose the request of the plaintiffs and the defendants.

[5] Accordingly, costs are awarded as follows, payable by Intact Insurance Company within 30 days:

(a) to the plaintiffs, in the amount of $18,550; and

(b) to the defendants, in the amount of $17,181.

D.J. Gordon J.

Date: March 9, 2017