CITATION: Environmental Building Solutions Corporation v. 2420124 Ontario Limited et al., 2017 ONSC 6275
COURT FILE NO.: CV 16-093
DATE: 20171019
SUPERIOR COURT OF JUSTICE - ONTARIO
RE: Environmental Building Solutions Corporation, Plaintiff
AND:
2420124 Ontario Limited, 2420125 Ontario Limited and The Corporation of the Municipality of Grey Highlands, Defendants
BEFORE: Justice C.J. Conlan
COUNSEL: Terrence A. Pochmurski, for the Plaintiff
David M. Pomer, for the Defendants
HEARD: October 17, 2017
ENDORSEMENT
[1] This is further to my Reasons for Decision reported at 2017 ONSC 6202, released to counsel on October 18th, which Reasons dealt with the Motion brought by the numbered corporate Defendants to vacate the lien registered by the Plaintiff against the Kimberley, Ontario property in question, vacate the Certificate of Action, strike the Plaintiff's pleadings, and dismiss the Plaintiff's action.
[2] The Motion was granted in part. The lien and the related Certificate of Action were ordered vacated. The remaining relief was adjourned.
[3] At paragraph 64 of the Reasons, I invited counsel to contact the Court should he/they wish to address costs at this time. Counsel for the successful moving parties has done so and has asked that costs submissions be entertained in writing. No position has been taken by the Plaintiff.
[4] Seeing no prejudice to the Plaintiff, and because I am told that the moving parties offered to settle the Motion, and because there is a general expectation that costs be dealt with at each stage of a proceeding, I will grant the request to address costs now.
[5] Thus, the moving parties shall have until fifteen calendar days from October 20th to file their written submissions on costs, and the Plaintiff shall have until ten calendar days thereafter to file its written submissions on costs. There shall be no reply permitted. Each submission, excluding attachments such as an offer to settle and/or supporting time dockets, shall not exceed two pages in length. Order accordingly.
C.J. CONLAN
Date: October 19, 2017