Court File and Parties
Court File No.: CV-14-518059CP Date: 20180814 Ontario Superior Court of Justice
Between: DAVID HUGHES and 631992 ONTARIO INC., Plaintiffs – and – LIQUOR CONTROL BOARD OF ONTARIO, BREWERS RETAIL INC. (carrying on business as “THE BEER STORE”), LABATT BREWERIES OF CANADA LP, LABATT BREWING COMPANY LIMITED, MOLSON COORS CANADA, MOLSON CANADA 2005 and SLEEMAN BREWERIES LTD., Defendants
Counsel: Paul Bates, Ronald Podolny and Tyler Planeta for the Plaintiffs Kent E. Thomson, Matthew Milne-Smith and Michael H. Lubetsky for the Defendant Liquor Control Board of Ontario Michael A. Eizenga, Ranjan K. Agarwal and Ilan Ishai for the Defendant, Brewers Retail Inc. Jeff Galway and Catherine Beagan Flood for the Defendant Labatt Breweries of Canada LP and Labatt Brewing Company Limited Paul Steep and Adam Ship for the Defendant Molson Coors Canada and Molson Canada 2005
Proceeding under the Class Proceedings Act, 1992
Heard: In writing
Perell, J.
Reasons for Decision – Costs – Addendum
[1] On August 14, 2014, I released a costs decision in six summary judgment motions. See Hughes v. Liquor Control Board of Ontario, 2018 ONSC 4862.
[2] In paragraph 6 of the reasons, I indicated that Brewers Retail requested costs of $600,000 all inclusive, on a partial indemnity basis. This was an error, because I overlooked an amended bill of costs.
[3] I am therefore amending my reasons to reflect that Brewers Retail actually requested costs of a partial indemnity basis of $744,396.42, all inclusive, comprised of: (a) fees - $600,000; (b) HST on fees - $78,000; and (c) disbursements - $66,396.42.
[4] Subject to this change, I confirm my costs award. If there are any difficulties in the form of the Order, they can be resolved by submitting drafts to me.
Perell, J.
Released: August 15, 2018