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

[1] I 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.

[2] At 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.

[3] Both 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.

[4] I 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