Court File and Parties

COURT FILE NO.: CV-16-68178

DATE: 2020/06/15

SUPERIOR COURT OF JUSTICE - ONTARIO

RE: 2109563 Ontario Inc., Plaintiff/Moving Party

-and-

Bancroft Family Health Team, Defendant/Respondent

BEFORE: A.E. London-Weinstein J.

COUNSEL: Cheryl Gerhardt McLuckie for the Plaintiff/Moving Party

Graciela Del Mar Cubias, for the Defendant/Respondent

HEARD: In Writing

Costs Endorsement

[1] On February 2, 2020, I dismissed a motion for summary judgment in this matter given that the complexity of the issues required a trial. The Plaintiff/Moving Party was not successful in persuading me that the matter was properly the subject of a summary judgment motion. The Defendant was unsuccessful in persuading me that the claim should be dismissed, or that it should be heard in Belleville. The action in this matter was therefore set down for trial.

[2] I have reviewed the costs submissions filed by the parties.

[3] Costs on the motion are fixed on a partial indemnity basis to the Defendant/Respondent in the amount of $5,898.75 plus $521.01 in disbursements and HST. In the circumstances of this case, I order that the costs are not payable until this action has been resolved either by way of final judgment or settlement.

A.E. London-Weinstein J.

Date: June 15, 2020

COURT FILE NO.: CV-16-68178

DATE: 2020/06/15

ONTARIO

SUPERIOR COURT OF JUSTICE

RE: 2109563 Ontario Inc.., Plaintiff, (Applicant)

-and-

Bancroft Family Health Team, Defendant, (Respondent)

BEFORE: A.E. London-Weinstein J.

COUNSEL: Cheryl Gerhardt McLuckie for the Plaintiff, (Applicant)

Graciela Del Mar Cubias, for the Defendant, (Respondent)

costs endorsement

A.E. London-Weinstein J.

Released: June 15, 2020