Court File and Parties

Court File No.: CV-547795-00A1 Date: 2020-03-27 Superior Court of Justice - Ontario

Re: COOK DOYLE LTD., Plaintiff And: DAVID LAWRENCE DENOMME, as TRUSTEE OF THE ESTATE OF DANIEL THOMAS DENOMME and MDBRIEFCASE GROUP INC., Defendants And Between: GREGORY COOK, Third Party

Before: CAVANAGH J.

Counsel: Andrew Burgess, for the Plaintiff Eric K. Gillespie, for the Defendant David Lawrence Denomme, as Trustee of the Estate of Daniel Thomas Denomme Dana Carson, for the Third Party Gregory Cook

Heard: In Writing

Costs Endorsement

[1] Gregory Cook is a third party in this matter. He seeks costs of a motion brought by the defendant David Lawrence Denomme, as trustee of the estate of Daniel Thomas Denomme (the “estate trustee”), for an order for interim costs. The estate trustee’s motion was dismissed.

[2] I received costs submissions from the third party. No costs submissions were provided by the estate trustee.

[3] The third party seeks costs of the motion on a partial indemnity scale in the amount of $3,561.20. On the motion, the third party did not submit responding motion materials or written submissions. Nevertheless, I accept that it was necessary for the third party’s counsel to review the motion material and prepare for and attend at the hearing of the motion. The costs sought are in respect of these services.

[4] I have reviewed the Costs Outline provided by the third party. I am satisfied that the amount of time expended, and the partial indemnity hourly rates applied, are reasonable. The amount claimed is within the range of costs that the estate trustee would reasonably expect to pay if unsuccessful on the motion.

[5] I fix costs to be paid within 30 days by the estate trustee to the third party in the amount of $3,561.20 inclusive of fees, disbursements, and HST.

Cavanagh J. Date: March 27, 2020