Court File and Parties
SUPERIOR COURT OF JUSTICE - ONTARIO
RE: PETER KAROLIDIS Plaintiff
AND:
ORTHOTICS HOLDINGS INC. Defendant
BEFORE: Mr. Justice Chalmers
COUNSEL: A. Monkhouse and D. Rawlinson, for the Plaintiff
M. Wilson, for the Defendant
HEARD: November 17, 2021, by teleconference
Endorsement
1This action arises out of the termination of the Plaintiff’s employment with the Defendant on July 15, 2020. The Plaintiff brought a motion pursuant to R. 20 for summary judgment of the action for wrongful dismissal. The motion was returnable today.
2On November 5, 2021, the Defendant accepted the Plaintiff’s Rule 49 offer dated March 25, 2021. The parties agree that the matter is settled. The only outstanding issue is with respect to costs. The accepted offer provides that the Defendant shall pay to the Plaintiff the costs, plus disbursements and H.S.T. for the action to the date of acceptance on a partial indemnity basis as agreed, or if there is no agreement, to be determined by a Judge of the Superior Court of Justice.
3If the parties are unable to agree on the costs to be paid to the Plaintiff, the parties may deliver to me, written submissions of no more than 5 pages in length, excluding case law and offers to settle, as follows:
The Plaintiff’s cost submission by November 29, 2021;
The Defendant’s cost submissions by December 6, 2021; and
The Plaintiff’s reply submissions, if any, by December 10, 2021.
4I remain seized with respect to the costs issue as well as any other issues that may arise with respect to the settlement.
DATE: November 17, 2021