Court File and Parties

COURT FILE NO.: CV-18-609771 DATE: 20190416 SUPERIOR COURT OF JUSTICE - ONTARIO

RE: SHAWN LESTAGE, GORDON CHCHRAN and JONATHAN COCHRAN, Applicants – AND – DEVINDER GREWAL and FP EDUCATION ADIVSORS, INC., Respondents

BEFORE: E.M. Morgan J.

COUNSEL: Michael Byers, for the Applicants Wojek Jaskiewicz, for the Respondents

HEARD: Costs submissions in writing

Costs Endorsement

[1] On February 22, 2019, I granted judgment in this matter in favour of the Applicants, enforcing a Share Purchase Agreement, a General Security Agreement, and two Promissory Notes. The terms of these Agreements entitle the successful party to full indemnity costs.

[2] At the conclusion of my judgment, I invited submissions on costs from both sides. I have received written submissions from counsel for the Applicants but not from the Respondents. On inquiry by my assistant, counsel for the Respondents advised that he was not in a position to provide me with any costs submissions. However, at the conclusion of the hearing counsel for the Respondents did hand up a Bill of Costs. I therefore know what the Respondents would have sought had they been the successful party.

[3] The Applicants’ full indemnity costs are for a total of $26,504.46. This is less than the full indemnity amount of $29,493.19 set out in the Respondents’ Bill of Costs. Given that my judgment enforced the Agreements between the parties in all other respects, I see no reason not to enforce the costs provision of the Agreements and award full indemnity costs to the successful party. This is especially so since in any case the amount of the award complies with Rule 57.10(1)(0.b) of the Rules of Civil Procedural and is within the reasonable expectations of the unsuccessful party.

[4] The Respondents shall pay the Applicants costs in the all-inclusive amount of $26,504.46.

Morgan J. Date: April 16, 2019