CITATION : Stekel et al. v. Toyota Canada Inc.et al., 2010 ONSC 2409 DIVISIONAL COURT FILE NO.: 594/09 DATE: 20100422 ONTARIO SUPERIOR COURT OF JUSTICE DIVISIONAL COURT BETWEEN: ) ) KAREN STEKEL and MAURICE STEKEL Plaintiffs – and – TOYOTA CANADA INC., 1216809 ONTARIO LIMITED c.o.b. as Scarborough Lexus Toyota and TOYOTA CREDIT CANADA LTD. Defendants )) )) )) )) )) ) ) ) Theodore P. Charney , for the Plaintiffs Peter J. Henein , for the Defendants ENDORSEMENT ON COSTS GREER j. : [ 1 ] On February 26, 2010, I heard a Motion for Leave in the above matter.

I asked counsel for their submissions on Costs, as there were really two Motions before me. On the Motion for Leave, which I granted, counsel agree that Costs should be left to the panel hearing the Appeal. An Order shall go accordingly. [ 2 ] With respect to the Plaintiffs’ Motion to exclude fresh evidence, which the Defendants attempted to file on the Motion for Leave, I granted the Motion. [ 3 ] I disagree with the Defendants’ position that it was not necessary for the Plaintiffs to bring on a separate Motion.

The Plaintiffs point to the fact that the documents the Defendants attempted to get included as fresh evidence were the same ones the Judge refused to admit on the Appeal from the Master. [ 4 ] The Plaintiffs are entitled to their Costs which I fix at $500 plus disbursements of $240 plus GST of $25 for a total of $765 payable forthwith by the Defendants. Greer J. Released: April 22, 2010 CITATION : Stekel et al. v. Toyota Canada Inc.et al., 2010 ONSC 2409

CITATION : Stekel et al. v. Toyota Canada Inc.et al., 2010 ONSC 2409 DIVISIONAL COURT FILE NO.: 594/09 DATE: 20100422 ONTARIO SUPERIOR COURT OF JUSTICE DIVISIONAL COURT BETWEEN: KAREN STEKEL and MAURICE STEKEL Plaintiffs – and – TOYOTA CANADA INC., 1216809 ONTARIO LIMITED c.o.b. as Scarborough Lexus Toyota and TOYOTA CREDIT CANADA LTD. Defendants ENDORSEMENT ON COSTS Greer J. Released: April 22, 2010