Court File and Parties

COURT FILE NO.: 27095/16 DATE: 2018-10-22

ONTARIO SUPERIOR COURT OF JUSTICE

BETWEEN:

9448616 CANADA LTD. Plaintiff – and – FOCAL ELEMENTS LTD., and TVM SAULT INC. and TORONTO DOMINION BANK Defendants

Counsel: Adam Wainstock, for the Defendant, Focal Elements J. Spotswood, for the Defendant, TVM Sault Inc.

HEARD: Written submissions received

RASAIAH J.

DECISION ON COSTS

[1] I accept and considered paragraphs 2, 3, 4, 5 and 7 of Focal’s written submissions as to costs. I am satisfied on the basis of these considerations that this is a case where I should exercise my discretion to order costs and to do so on a substantial indemnity basis.

[2] As to the costs requested, I have no concerns with counsel experience; counsel rates and hours spent by counsel on the matters set out in the bill of costs. In my view, Focal seeks a reasonable amount of costs that the other party could reasonably expect to pay in the circumstances in respect of all of those steps outlined.

[3] I received no evidence suggesting that costs should not be ordered payable within 30 days.

[4] Based on all of the above, I hereby order costs to the defendant, payable by the plaintiff, in the amount of $6,836.47, inclusive of legal fees, HST and disbursements, payable within 30 days.

Rasaiah J. Released: October 22, 2018