2017 ONSC 1586, 2017 ONSC 1586
Opinion
CITATION : Tree-Techol Tree Technology v. Via Rail Canada Inc., 2017 ONSC 1586 COURT FILE NO.: 14-45810 DATE: 2017-03-09 SUPERIOR COURT OF JUSTICE - ONTARIO RE: TREE-TECHOL TREE TECHNOLOGY AND RESEARCH COMPANY INC., 1374007 ONTARIO LTD., AND BRYAN M. MCNAIR, Plaintiffs AND: VIA RAIL CANADA INC., and CANADIAN NATIONAL RAILWAY COMPANY BEFORE: The Honourable Mr. Justice D.J. Gordon COUNSEL: Eric Savas, Counsel for the Plaintiffs Thomas J. Hanrahan, Counsel for the Defendants Stephen R.
Moore, Counsel for the non-party, Intact Insurance Company SUPPLEMENTARY ENDORSEMENt re: costs [ 1 ] In my endorsement, released February 1, 2017, I invited written submissions from counsel on the issue of costs. [ 2 ] In its motion, the non-party, Intact Insurance Company, sought an order granting leave to add it as an intervener and compelling the plaintiffs to amend their statement of claim.
Their motion was dismissed. [ 3 ] Counsel for the plaintiffs and for the defendants delivered their written submissions, both seeking a cost award against Intact. [ 4 ] Counsel for Intact has not delivered submissions, the time for same now having expired. In result, I assume Intact does not oppose the request of the plaintiffs and the defendants. [ 5 ] Accordingly, costs are awarded as follows, payable by Intact Insurance Company within 30 days: (
a) to the plaintiffs, in the amount of $18,550; and (
b) to the defendants, in the amount of $17,181. D.J. Gordon J. Date: March 9, 2017
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