Court File and Parties

COURT FILE NO.: CV-16-68872 DATE: 2017/07/25 SUPERIOR COURT OF JUSTICE-ONTARIO

RE: ORBCOMM INC. et. al., Plaintiffs (Defendants by Counterclaim) AND: RANDY TAYLOR PROFESSIONAL CORPORATION, Defendant (Plaintiff by Counterclaim)

BEFORE: Mr. Justice Calum MacLeod

COUNSEL: Geoff R. Hall, for the Plaintiffs Ronald F. Caza, for the Defendant

HEARD: July 20th 2017

Endorsement

[1] This is the disposition of the costs of the motions argued on February 27th 2017. The plaintiffs were largely successful in a motion to strike a defamation action (now consolidated with this action). They were unsuccessful in the motion for return of personal property insofar as they sought to have Mr. Chan and Ms. Tourian divest themselves of all copies of certain information.

[2] Having regard to the written submissions of the parties and the factors set out in Rule 59 of the Rules of Civil Procedure, I am of the view that the plaintiffs are entitled to a modest costs award against Mr. Chan and Ms. Tourian on a partial indemnity scale.

[3] The plaintiffs are not entitled to recover the approximately $30,000.00 they apparently spent pursuing the motions. These motions were not complex and there was divided success. In the final analysis, I am awarding the plaintiffs net costs of $7,000.00 to be paid by Mr. Chan and Ms. Tourian.

Mr. Justice Calum MacLeod Released: July 25th 2017