COURT FILE NO.: CV-18-12047
DATE: 2019-01-18
ONTARIO
SUPERIOR COURT OF JUSTICE
B E T W E E N:
Wayne Ettinger and Marjorie Ettinger
W.E. Kay, for the Applicants
Applicants
- and -
Trillium Railway Co. Ltd., Maple One Rail Corp., GIO Rail Holdings Inc. and Gerry Gionet
D.S. Murdoch and Z. Smith for the Respondent, Maple One Rail Corp. and K.A. Dekker and D.H. Hooper for the Respondents, Trillium Railway Co. Ltd., GIO Rail Holdings Inc., and Gerry Gionet
Respondents
COSTS RULING
The Honourable Justice P.R. Sweeny
[1] On November 2, 2018 I released my reasons for decision in this matter. I found that the Ettingers had established there was oppression. In addition, I made findings in the application brought by Maple One.
[2] I indicated with respect to costs, if the parties were unable to agree, I would accept submissions. The parties were not able to agree and I have received submissions.
[3] The Ettingers seek their costs on the oppression application in the amount of $46,000.00 all inclusive. With respect to the Maple One Rail Corp. application, the Ettingers seek costs awarded to them in the amount of $3,900.00. The respondents GIO Rail Holdings Inc. and Gerry Gionet assert it is premature to award costs on the oppression application. Ordering costs after a finding of oppression is an interim costs award and this case does not warrant an interim costs award. In any event, Mr. Gionet has no personally liability for an award of interim costs and Mr. Gionet and GIO Rail were not found to engage in oppressive conduct and there is no basis to require them to pay the costs. Maple One asserts that the costs on the oppression application are premature and seek costs of its application on a partial indemnity basis in the amount of $13,060.03.
[4] I accept the submissions of the respondents that it is premature to order costs on the oppression application.
[5] In the circumstances, given the Maple One application is related to the matter and there is an outstanding issue with respect to the ASW Lease, in my view it is not appropriate to deal with costs on that application at this time.
[6] In the result, there will be no costs orders made at this time.
[7] I thank counsel for their thorough and detailed submissions and will retain them in the court file.
Sweeny J.
Released: January 18, 2019
COURT FILE NO.: CV-18-12047
DATE: 2019-01-18
ONTARIO
SUPERIOR COURT OF JUSTICE
B E T W E E N:
Wayne Ettinger and Marjorie Ettinger
Applicants
- and –
Trillium Railway Co. Ltd., Maple One Rail Corp., GIO Rail Holdings Inc., and Gerry Gionet
Respondents
COSTS RULING
Released: January 18, 2019