CITATION : 2311888 Ontario Inc. v. Ross, 2017 ONSC 1783 COURT FILE NO.: 56453/16 DATE: 2017/03/20 ONTARIO SUPERIOR COURT OF JUSTICE BETWEE N: ) ) 2311888 Ontario Inc. and Pride Homes by Fred Hendriks Inc. ) ) ) J. Leigh Daboll, for the Plaintiffs ) Plaintiffs ) ) - and - ) ) ) Nancy Ross and Frederick Ross a.k.a. Fred Ross ) ) ) John K. Lefurgey, for the Defendants ) Defendants ) ) ) ) CORRECTED DECISION – March 22, 2017 Counsel for the Plaintiffs has been corrected to indicate J. Leigh Daboll and Counsel for the Defendants has been corrected to indicate John K. Lefurgey. No changes to the content have been made.

The Honourable Justice J. R. Henderson COSTS ENDORSEMENT [ 1 ] The defendants were the successful parties on the defendants’ motion for security for costs as the court ordered the plaintiffs to post security for costs in the amount of $18,000 plus HST on or before April 15, 2017.

This order represents security for the costs until the completion of the examinations for discovery. [ 2 ] Although the defendants obtained the aforementioned order, I find that the defendants were not completely successful on this motion as the defendants had requested an order for security for costs in the amount of $55,000 for the entire proceeding. There are no relevant offers to settle this motion from either party.

I find that the motion was not particularly complex, but that it was important to both sides. [ 3 ] In consideration of these factors and the amount of security ordered, in my view the defendants are entitled to something less than complete partial indemnity costs.

[ 4 ] Therefore, I order costs of the motion fixed at $6,000 all-inclusive payable by the plaintiffs to the defendants within 30 days. ___________________________ J. R. Henderson J. Released: March 20, 2017 CITATION : 2311888 Ontario Inc. v. Ross, 2017 ONSC 1783 COURT FILE NO.: 56453/16 DATE: 2017/03/20 ONTARIO SUPERIOR COURT OF JUSTICE BETWEE N: 2311888 Ontario Inc. and Pride Homes by Fred Hendriks Inc. Plaintiffs - and - Nancy Ross and Frederick Ross a.k.a. Fred Ross Defendants COSTS ENDORSEMENT J. R. Henderson J.

Released: March 20, 2017