Court File and Parties

COURT FILE NO.: C-72-13 DATE: 2019-04-03 SUPERIOR COURT OF JUSTICE - ONTARIO

RE: LONDON ECO-ROOF MANUFACTURING INC., Plaintiff/Defendant by Counterclaim AND: SOUTH RIVER DEVELOPMENTS LTD., Defendant/ Plaintiff by Counterclaim AND: LES HOLDWAY, Plaintiff by Counterclaim

BEFORE: Mr. Justice D.A. Broad

COUNSEL: Jeremy A. Forrest, Counsel for the Plaintiff/Defendant by Counterclaim. Robert J. Maki, Counsel for the Defendant/Plaintiffs by Counterclaim.

Costs Endorsement

[1] The parties have been unable to resolve the issue of costs and the plaintiff has now delivered its Costs Outline. The defendant/plaintiffs by counterclaim have not delivered any costs submissions.

[2] At the conclusion of my Endorsement I wrote: “given that they are being granted an indulgence, it appears to be appropriate that the defendant/plaintiffs by counterclaim be responsible for the plaintiff's costs of the motion.”

[3] It is apparent from the absence of any submissions from the defendant/plaintiffs by counterclaim that they do not dispute their responsibility for the plaintiff’s costs of the motion.

[4] It is also apparent that the defendant/plaintiffs by counterclaim do not dispute the amount claimed for costs by the plaintiff as being within their reasonable expectations.

[5] It is ordered that the defendant/plaintiffs by counterclaim shall pay costs of the motion to the plaintiff on a partial indemnity basis in the sum of $6,278.03, inclusive of fees, HST on fees, and disbursements and HST, less the amount previously awarded in the sum of $1,500, for a net amount of $4,778.03.

[6] This amount shall be paid within 30 days hereof.

D.A. Broad, J. Date: April 3, 2019