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
1Timberlea was wholly successful as regards this summary judgment motion brought by the third party, Atlant.
2Both 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.
3I 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