Court File and Parties

CITATION: Pollard Windows Inc. v. 1736106 Ontario Inc., 2018 ONSC 3729

COURT FILE NO.: 9140/08

DATE: 2018-06-14

SUPERIOR COURT OF JUSTICE – ONTARIO

RE: Pollard Windows Inc., plaintiff

AND: 1736106 Ontario Inc., Andrew Ferri, Niagara Home Builders Inc. and Steveco Enterprises Inc., defendants

BEFORE: Mr Justice Ramsay in writing

COUNSEL: Santiago Costa for the plaintiff, Kris Hutton for 1746878 Ontario Inc.

Endorsement

[1] On January 13, 2017 I gave possession of the subject property to the plaintiffs and enjoined any sale under power of sale. I reserved costs to the judge who would supervise the court ordered sale. That turned out to be I. The named parties took part in the motion of January 2017. Subsequently the defendant Ferri, acting on behalf of another company, 1746878 Ontario Inc., the mortgagee, breached that order and 1746878 responded to subsequent motions on the file. The property is being sold under court order. The sale has not yet closed and the distribution of the proceeds have not been decided. By now the only persons with an interest in the proceeds are the plaintiff and 1746878.

[2] On May 23, 2018 I ordered that the plaintiff and 1746878 could make written submissions to costs. The plaintiff asks for about $3,000. In response 1746878 submits that it should not be liable for costs because it took no part in the motion.

[3] My formal order of January 13, 2017 recites accurately that I heard from Mr Ferri on behalf of 1736106 Ontario Inc. and himself personally. It was not until a later date that Mr Hutton and 1746878 appeared. I do not think that 1746878 should pay costs for January 13.

J.A. Ramsay J.

Date: 2018-06-14