Court File and Parties
COURT FILE NO.: CV-16-560778 DATE: 20180628 SUPERIOR COURT OF JUSTICE – ONTARIO
RE: 1680960 Ontario Inc., Carmen Burchesin and Sorin Burchesin, Plaintiffs AND: Print Three Franchising Corporation, Print Three Ltd., Canadian Network Franchising International Ltd., Andrew Hrywnak and Esther Willinger, Defendants
BEFORE: Pollak J.
COUNSEL: Michael A. Kleinman, for the Plaintiffs Jason P. Mangano, for the Defendants
HEARD: February 16, 2018
COSTS ENDORSEMENT
1I have carefully considered the cost submissions of both parties. On this motion, the Defendant was the entirely successful party as the motion for summary judgement was dismissed.
2At the hearing of this matter, the Court asked if both parties could arrive at an agreement with respect to costs going to the victorious party on a partial indemnity basis. The parties were told that they would be permitted to make submissions on the costs scale they are entitled to as a result of offers which could not be disclosed to the court at the hearing of the motion.
3Both parties agreed on the amount of costs to be awarded to the victorious parties of $25,000 for the motion for summary judgment. There is in my view no reason to depart from the agreement reached by the parties at the hearing.
4I therefore award costs to the successful Defendant in the amount of $25,000 on a partial indemnity basis to be paid by the Plaintiff to the Defendant in accordance with the agreement the parties reached at the hearing of the motion.
Pollak J.
Date: June 28, 2018