Court File and Parties
BARRIE COURT FILE NO.: CV-16-290-00 DATE: 20240521 ONTARIO SUPERIOR COURT OF JUSTICE
BETWEEN: Atlas Dewatering Corporation Plaintiff/Defendant by Counterclaim
– and –
Harvie Construction Inc. and The Corporation of the City of Barrie Defendants/Plaintiff by Counterclaim
Counsel: Barry Greenberg, for the Plaintiff/Defendant by Counterclaim Theodore Rotenberg and Connor Marino, for the Defendant/Plaintiff by Counterclaim, Harvie Construction Inc.
HEARD: In Writing
Endorsement
HEALEY, J.:
[1] By letter dated May 14, 2024, counsel advised that they have agreed on the calculation of prejudgment interest following the court’s latest ruling on the interest rate, and that they have also agreed on costs of the action.
[2] Prejudgment interest from March 9, 2016 (the date of the Statement of Claim) until March 25, 2024 (the date Reasons were released) is $51,619.51.
[3] Costs have been agreed to be awarded to Atlas Dewatering Corporation in the amount of $128,129.17.
[4] The parties have requested that the following information be reflected in this endorsement:
(a) The plaintiff made a Rule 49 compliant written offer to settle on October 31, 2017 to accept $700,00.00 inclusive of claiming interest and costs;
(b) The plaintiff made a second Rule 49 compliant offer to settle on November 17, 2023 to accept $600,000.00 inclusive of claim, interest, and costs. This offer to settle did not withdraw the October 31, 2017 offer to settle;
(c) The defendant made a Rule 49 compliant offer to settle on November 13, 2023 to pay the plaintiff $127,480.63, interest at 0.8 per cent from March 4, 2016, and partial indemnity costs;
(d) The parties agree that the plaintiff is entitled to partial indemnity costs up until October 31, 2017, and substantial indemnity costs thereafter, subject to a reduction for the defendant's costs for its written submissions on the prejudgment interest rate; and
(e) The following is the agreed calculation of the plaintiff's costs, inclusive of HST and disbursements:
- Partial Indemnity costs to October 31, 2017: $3,584.93
- Substantial Indemnity costs subsequent to October 31, 2017 to the conclusion of trial: $116,777.06
- Costs incurred subsequent to the conclusion of trial, excluding the PJI submissions: $5,720.62
- Disbursements inclusive of HST: $4,546.55 Total Costs: $130,629.16
- Credit to defendant, partial indemnity costs for the PJI rate submissions: $2,500.00
- Total Costs: $128,129.17
[5] An approved Judgment reflecting these terms has been provided to the court.
[6] This court orders that the Judgment shall issue, as signed by the court.
Madam Justice S.E. Healey Released: May 21, 2024