Court File and Parties

COURT FILE NO.: CV-13-485512-00A1 DATE: 20170621 SUPERIOR COURT OF JUSTICE - ONTARIO

RE: Michael Beckerman and Laurie Beckerman, Plaintiffs AND: Gerwazy Paluszkiewicz and Iwona Paluszkiewicz and Gervais Design Build Ltd., Defendants main action; AND: Gerwazy Paluszkiewicz and Iwona Paluszkiewicz and Gervais Design Build Ltd., plaintiffs counterclaim AND: Michael Beckerman and Michael Beckerman and Laurie Beckerman, Powell Reyes Construction Limited, Timberlea Construction and Roofing Ltd. and MAG Lighting Ltd., Defendants by counterclaim AND: Atlant Services and or Orest Design, Third Parties

BEFORE: Carole J. Brown, J.

COUNSEL: G. Pribytkova for the moving third party, Atlant Services K. Briden for the responding party, Timberlea

READ: June 20, 2017

Costs Endorsement

[1] Timberlea was wholly successful as regards this summary judgment motion brought by the third party, Atlant.

[2] Both parties provided their bills of costs at the hearing. At paragraph 45 of my decision, I found that Timberlea is entitled to its costs of the motion on a partial indemnity basis, and requested that it provide me with a revised bill of costs which included only the costs incurred as regards the summary judgment motion, as opposed to the costs of the entire proceeding. I have now received the amended bill of costs including only the costs of the summary judgment motion.

[3] I am satisfied that Timberlea’s costs of the summary judgment motion, as submitted, are reasonable and proportionate. In considering the factors set forth at Rule 57.01 of the Rules of Civil Procedure, I award Timberlea its costs of the summary judgment motion on a partial indemnity basis in the amount of $7,153.18, inclusive of HST and disbursements.

Carole J. Brown, J. Date: June 21, 2017