Court File and Parties
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
1In my endorsement, released February 1, 2017, I invited written submissions from counsel on the issue of costs.
2In 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.
3Counsel for the plaintiffs and for the defendants delivered their written submissions, both seeking a cost award against Intact.
4Counsel 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.
5Accordingly, 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