Court File and Parties

COURT FILE NO.: 17-74045-A1

DATE: 2019/12/03

SUPERIOR COURT OF JUSTICE - ONTARIO

RE: Martin Brassard, Plaintiff

AND

Venmar Ventilation Inc., Venmar Ventilation ULC and Broan-Nutone Canada ULC, Defendants

AND

Fasco Motors Limited, Tecumseh Products of Canada, Limited, Regal Beloit Canada ULC, Von Wiese of Canada Company, Tecumseh Products Holdings LLC, Von Wiese USA, Inc., Von Wiese, Inc., Regal Beloit, Regal-Beloit Corporation, Regal-Beloit International Sales Corporation, Fasco, Inc., Regal Beloit Corporation, Regal Beloit America, Inc., Regal Beloit Electric Motors, Inc., Tecumseh Products Company, Tecumseh Products Company International Division Inc. and Tecumseh Products Company LLC, Third Parties

BEFORE: Justice C.T. Hackland

COUNSEL: Nadine Rizk, Counsel for Plaintiff Gosia Bawolska, Counsel for Defendants (Respondents) Allison Pressé, Counsel for the Third Parties (Moving Parties)

HEARD: In writing

Costs ENDORSEMENT

[1] The third party Fasco Motors Limited (Fasco) brought this motion against the defendant Venmar Ventilation Inc. (Venmar) to compel the answering of a number of refusals from the examination for discovery of the defendant’s representative. The action arises out of a fire loss occurring from the malfunction of a heat recovery ventilator manufactured by the defendant Venmar. The Venmar equipment utilized a motor manufactured by the third party Fasco. The failure of the motor is alleged to have precipitated the overheating and the fire in the ventilator.

[2] The court’s reasons on the refusals motion are reported, see Brassard v. Venmar and Fasco, [2019] ONSC 5414. For the reasons explained in the court’s ruling the defendant was required to answer most although not all of the refusals.

[3] In my view it can fairly be said that the third party Fasco was substantially successful on the motion within the meaning of Rule 57 and is accordingly entitled to its costs on the normal partial indemnity scale.

[4] I have reviewed the third parties’ costs outline which on a partial indemnity scale claims fees of $5,195.00 inclusive of HST and disbursements of $4,600.00 inclusive of HST.

[5] Unfortunately the motion required two attendances in Ottawa by Toronto counsel due to scheduling issues which increased costs. I deem it appropriate to accept the fees and disbursements claimed, with certain minor reductions, particularly as the defendants have not specifically contested the amounts not have they filed their own bill of costs, which I am prepared to assume is similar in amount.

[6] In summary, the third parties are awarded their costs of this motion in the sum of $5000.00 for fees, inclusive of HST and disbursements in the sum of $4600.00 inclusive of HST, which amounts are payable forthwith.

Justice C.T. Hackland

Dated at Ottawa: December 3, 2019

COURT FILE NO.: 17-74045-A1

DATE: 2019/12/03

ONTARIO

SUPERIOR COURT OF JUSTICE

RE: Martin Brassard, Plaintiff

AND

Venmar Ventilation Inc., Venmar Ventilation ULC and Broan-Nutone Canada ULC, Defendants

AND

Fasco Motors Limited, Tecumseh Products of Canda, Limited, Regal Beloit Canada ULC, Von Wiese of Canada Company, Tucumseh Products Holdings LLC, Von Wiese USA, Inc., Von Wiese, Inc. Regal Beloit, Regal-Beloit Corporation, Regal-Beloit Corporation, Regal Beloit America, Inc., Regal Beloit Electric Motors, Inc., Tecumseh Products Company, Tecumseh Products Company International Division Inc. and Tecumseh Products Company LLC, Third Parties

BEFORE: Justice C.T. Hackland

COUNSEL: Nadine Rizk, Counsel for Plaintiff Gosia Bawolska, Counsel for Defendants (Respondents) Allison Pressé, Counsel for the Third Parties (Moving Parties)

costs ENDORSEMENT

Justice C.T. Hackland.

Released: December 3, 2019