Court File and Parties

Court File No.: CV-16-553772 Date: 20181026 Superior Court of Justice - Ontario

Re: Sanford Gray, Plaintiff/Respondent And: Promark Electronics Inc., Defendant/Appellant

Before: Carole J. Brown, J.

Counsel: A. Dryer, for the Plaintiff/Respondent G. McGinnis, Defendant/Appellant

Heard: In-Writing

Costs Endorsement

[1] The appellant was wholly unsuccessful on this appeal. The respondent seeks its costs of the appeal on a partial indemnity basis in the amount of $8,301.47 including HST.

[2] The successful party is generally entitled to be reimbursed in part or, in certain cases in whole, for its costs incurred, which are to be fair, reasonable and proportionate.

[3] Taking into consideration all of the circumstances of this case, and the factors to be considered in setting costs as set forth at Rule 57.01 of the Rules of Civil Procedure, I am satisfied that the costs, as sought by the respondent are fair, reasonable and proportionate and should be paid forthwith by the appellant to the respondent.

Carole J. Brown, J. Date: October 26, 2018