Court File and Parties

Court File No.: CV-21-944 Date: March 3, 2023 Superior Court of Justice - Ontario

Re: Probert Construction Inc., Plaintiff/Defendant by Counterclaim And: Trez MR Holdings (Ontario) Ltd., Defendant/Plaintiff by Counterclaim

Before: MacNeil J.

Counsel: P. Bakos – Lawyer for the Plaintiff/Responding Party P. Holdsworth – Lawyer for the Defendant/Moving Party

Heard: December 9, 2022 (via Zoom videoconference)

Endorsement

[1] For the same reasons set out in my Reasons for Decision, dated March 3, 2023, released in the related proceeding, CV-21-943, the motion made by Trez MR Holdings (Ontario) Ltd. (“Trez”) for security for costs is dismissed, without prejudice to Trez being able to make another motion in the future on further and better evidence.

[2] Given the divided success on the entirety of the two motions, I find that it is fair and reasonable for the parties to each bear their own costs of the motions and so no costs are awarded.

B. MacNeil J.

MacNEIL J.