Court File and Parties

COURT FILE NO.: CV-15-25-00000045-00A1 (Kingston) DATE: 2023-12-06 SUPERIOR COURT OF JUSTICE - ONTARIO

RE: GEORGE TAYLOR, Plaintiff AND: SEAN MAYES and DIANE STORY, Defendants AND: HIS MAJESTY THE KING IN RIGHT OF THE PROVINCE OF ONTARIO REPRESENTED BY THE MINISTER OF TRANSPORTATION OF ONTARIO and CRUICKSHANK CONSTRUCTION LIMITED, Third Party

BEFORE: Carey J.

COUNSEL: Edward Bergeron, for the Plaintiffs Steven Baldwin, for the Defendants Harold W. Sterling, for the Third Party, His Majesty the King in the Province of Ontario, Represented by the Ministry of Transportation of Ontario Robert D. Moss, for the Third Party, Cruickshank Construction Limited

HEARD: October 5, 2023

Endorsement

[1] The Defendants Mayes and Story and H.M.K. for Ontario have agreed to a dismissal of the Third Party Claim against H.M.K. only. They disagree on costs.

[2] On the material and argument before me, I cannot conclude it was unnecessary for the defendants to add H.M.K. in right of the Province of Ontario represented by the Ministry of Transportation in order to ascertain the name of the Third Party Cruikshank, which was contracted for certain work by the M.O.T. Counsel for M.O.T. could have avoided the costs claimed by providing the information requested by the plaintiff rather than resisting the request as it did. The Order will issue without costs to any party.

Carey J.

Date: December 6, 2023