Superior Court of Justice - Ontario

Parties

RE: Ottawa Credit Exchange Limited, Plaintiff (Respondent in Appeal)
AND: David Wu and Opus Fitness Investment Inc., Defendants (Appellants in Appeal)

Before

Carter J.

Counsel

• Nadia Authier and Anthony Imbesi for the Plaintiff (Respondent in Appeal)
• Jason Squire and Maya Kotob for the Defendants (Appellants in Appeal)

Heard

In Writing

Costs Endorsement

[1] The Defendants appealed a decision of Associate Justice Perron which refused to allow them to bring a motion for summary judgment. The appeal was dismissed. The Plaintiff now seeks costs. The Defendants submit that the costs should be reduced. They argue the Plaintiff drove up the quantum of costs with an argument not made before the Associate Justice. I disagree. The argument was responsive to the issues raised by the Defendants. It found favour with the Court. In fact, it was the Defendants who drove up costs by raising a jurisdictional argument that had no basis in law and which they ultimately resiled from. There is no merit to the Defendants' submission on costs. Costs will be awarded in the amount of $4,881.60, inclusive of HST.

Carter J.

Date: April 16, 2025

Ontario Superior Court of Justice

RE: Ottawa Credit Exchange Limited, Plaintiff (Respondent in Appeal)
AND: David Wu and Opus Fitness Investment Inc., Defendants (Appellants in Appeal)
BEFORE: Carter J.
COUNSEL: Nadia Authier and Anthony Imbesi for the Plaintiff (Respondent in Appeal)
Jason Squire and Maya Kotob for the Defendants (Appellants in Appeal)

Costs Endorsement

Carter J.

Released: April 16, 2025