2010 ONSC 6456, 2010 ONSC 6456

CITATION : CIBC v. C.W. Ritch Holdings Inc. et al., 2010 ONSC 6456 COURT FILE NO.: 3081/97 DATE: 2010-11-23 SUPERIOR COURT OF JUSTICE - ONTARIO RE: Canadian Imperial Bank of Commerce, plaintiff AND: C.W. Ritch Holdings Inc., 1229075 Ontario Inc., Joseph Robert Gallant and Wayne Joseph Gallant, defendants BEFORE: Mr Justice Ramsay COUNSEL: Mr Michael J. Valente and Mr Frank Pignoli for the plaintiff Mr Joseph Robert Gallant for himself and the corporate defendants, Mr Wayne Joseph Gallant for himself HEARD: 2010-11-23 ENDORSEMENT [ 1 ] The plaintiff seeks costs. It moved successfully for

summary judgment to dismiss the counterclaim ( 2010 ONSC 6201 ) and it successfully resisted the defendants’ motion for

summary judgment. [ 2 ] The plaintiff is suing for about half a million dollars plus interest. In a counterclaim that I found to be fanciful the defendants accused the plaintiff of all sorts of felonious behaviour and upped the ante by claiming 300 million dollars. [ 3 ] The motion did not end the main action. The plaintiffs are only entitled to costs associated with the motion and defence of the counterclaim.

Most of the examinations of the defendants for discovery dealt with the counterclaim. [ 4 ] Given the amount at stake, the work that was necessary and the scandalous nature of the counterclaim, I fix costs at $30,000 and order the defendants to pay them within 30 days. [ 5 ] The Registrar may issue and enter an order in the following terms, without approval of the defendants: a. The counterclaim is dismissed; b. Paragraphs 3, 6-16 and 18-20 of the statement of defence are struck, without leave to amend; c. The defendants’ motion for

summary judgment is dismissed; and d. The defendants are ordered to pay costs of these motions and the counterclaim, fixed at $30,000, within 30 days. J.A. Ramsay J. Date: 2010-11-23