COURT FILE NO.: C-525-06
DATE: 2019-02-04
ONTARIO
SUPERIOR COURT OF JUSTICE
B E T W E E N:
BRONWEN ELIZABETH RUTHERFORD LEVER, WILLIAM JONATHAN RUTHERFORD LEVER, MARY BETH RUTHERFORD and TIMOTHY A. LEVER
- and –
Cindy Dickinson, Counsel for the Plaintiffs Bronwen and William Lever
Gary Flaxbard, Counsel for the Plaintiffs/ Defendants by Counterclaim, Mary Beth Rutherford and Timothy Lever
ALLEN KATERBERG
James Bromiley, Counsel for the Defendant
HEARD: October 15, 2018
The Honourable Justice C.D. Braid
ADDENDUM TO THE REASONS ON MOTIONS
[1] The plaintiffs brought motions for summary judgment. For reasons set out in Lever v. Katerberg, 2019 ONSC 48, I dismissed the counterclaim against Timothy Lever but directed that the claim against Allen Katerberg and the counterclaim against Mary Beth Rutherford proceed to trial.
[2] The parties have written to the court to seek clarification as to whether the portion of my reasons dealing with costs is intended to deal only with the costs of the motion for summary judgment; or, whether it includes the costs of the Defendant Timothy Lever of defending the counterclaim against him, which was dismissed. I am therefore providing this addendum to my reasons.
[3] In paragraph 58 of my reasons, I stated, “I am of the view that there has been a mixed result on these motions, and therefore, no costs should be ordered.” By way of further clarification, the costs referred to in paragraph 58 of my reasons are only the costs of the motion for summary judgment.
[4] If the parties wish to make written submissions regarding the costs of the Defendant Timothy Lever of defending the counterclaim against him, they may do so. The submissions of Timothy Lever shall address Mr. Lever’s own costs of defending the counterclaim (to the extent that they can be severed off from any other costs of the action), and shall not include any costs related to the motion for summary judgment.
[5] The submissions shall be no longer than two typed pages, double-spaced, in addition to relevant Bills of Costs and written Offers to Settle. Timothy Lever shall provide costs submissions by February 19, 2019; and Allen Katerberg shall provide any response by March 5, 2019. If submissions are not received from either party by March 5, 2019, costs of the counterclaim against Timothy Lever shall be deemed settled.
Braid, J.
Released: February 4, 2019
COURT FILE NO.: C-525-06
DATE: 2019-02-04
ONTARIO
SUPERIOR COURT OF JUSTICE
B E T W E E N:
BRONWEN ELIZABETH RUTHERFORD LEVER, WILLIAM JONATHAN RUTHERFORD LEVER, MARY BETH RUTHERFORD and TIMOTHY A. LEVER
- and –
ALLEN KATERBERG
Respondent
ADDENDUM TO THE REASONS ON MOTIONS
CDB
Released: February 4, 2019