Court File and Parties

BRACEBRIDGE COURT FILE NO.: CV-15-43-00

DATE: 20190411

ONTARIO

SUPERIOR COURT OF JUSTICE

BETWEEN:

ADEN BOWMAN personally and as executor for the estate of SHIRLEY BOWMAN

Plaintiffs

– and –

ALMA EMOND, SHELLEY EMOND, PAUL STUDHOLME, SUZANNE MARTINEAU and RE/MAX HALLMARK REALTY LIMITED

Defendants

Counsel:

David A. Morin and Peter Reintzer, for the Plaintiffs

Hans Engell, for the Defendants, Suzanne Martineau and Re/Max Hallmark Realty Limited

HEARD: In Writing

SUPPLEMENTAL REASONS FOR DECISION ON COSTS

DiTOMASO J.

[1] I delivered my Reasons for Decision on Costs on April 4, 2019.

[2] Costs on a partial-indemnity scale, including disbursements and HST were fixed in the amount of $144,679.55.

[3] Said amount was subject to the application of a credit as a result of the Pierringer Agreements. Further calculations were to come from counsel.

[4] Counsel have now advised that the parties have agreed there should be no credit amount applied to reduce the costs as ordered. The parties agree that the Defendants, Suzanne Martineau and Re/Max Hallmark Realty Limited, should pay the sum of $144,679.55 for costs, including taxes and disbursements, pursuant to my previous decision on costs.

CONCLUSION

[5] For these reasons, and for the reasons set out in my previous decision on costs, it is ordered that the Defendants, Suzanne Martineau and Re/Max Hallmark Realty Limited, jointly and severally, shall pay costs in the amount of $144,679.55, including fees, taxes and disbursements, to the Plaintiffs, Aden Bowman personally and as executor for the Estate of Shirley Bowman.

Mr. Justice G.P. DiTomaso

Released: April 11, 2019