CITATION: Cyr v. Calypso Park Inc., 2017 ONSC 2564 COURT FILE NO.: 12-54440 DATE: 2017/05/01 SUPERIOR COURT OF JUSTICE – ONTARIO RE: Francine Cyr, Plaintiff/Moving Party AND: Calypso Park Inc. (Ontario Corp. Number 1756128) c.o.b as Calypso Park and Calypso Waterpark and Calypso Theme Waterpark andCalypso, Defendant/Responding Party BEFORE: Madam Justice L. Sheard COUNSEL: Richard Auger and Hilary Chung, for the Plaintiff/Moving Party Sally Gomery and Mark Gallagher, for the Defendant/Responding Party HEARD: By Written Submissions ENDORSEMENT ON COSTS Madam Justice L.

Sheard [1] The plaintiff’s motion for leave to appeal from the Order of Madam Justice Corthorn dated December 9, 2016 was dismissedby me on March 17, 2017, with costs. [2] The defendant, Calypso Park Inc. (“Calypso”) seeks its costs on a partial indemnity scale which it calculates at the rate of60% of the actual fees incurred by Calypso in responding to the motion for leave to appeal. [3] The plaintiff submits that costs should be borne by each party but then submits that the costs of the motion for leave toappeal should be in the range of $3,500 to $4,500. [4] Calypso’s partial indemnity costs, before HST, are $4,424.70.

The plaintiff takes no issue with the disbursements charged byCalypso in the amount of $349.76 plus HST. [5] In consideration of the positions taken by the parties and applying the principles as set out in Boucher v. Public AccountantsCouncil (Ontario) (2004), (ON CA), 71 OR (3d) 291 (ONCA), I fix the costs of Calypso for the motion for leave toappeal in the amount of $4,349.76 ($4,000 plus disbursements of $349.76), plus HST of $565.47, for a total cost award of $4,915.23.

Asrequested by Calypso, and in keeping with the Order of Justice Corthorn, costs are payable by the plaintiff in any event of the causewithin 60 days of the decision. L. Sheard J. Released: May 1, 2017 CITATION: Cyr v. Calypso Park Inc., 2017 ONSC 2564 COURT FILE NO.: 12-54440 DATE: 2017/05/01

ONTARIO SUPERIOR COURT OF JUSTICE RE: Francine Cyr, Plaintiff/Moving Party AND Calypso Park Inc., Defendant/Responding Party BEFORE: Madam Justice L. Sheard COUNSEL: Richard Auger and Hilary Chung, for the Plaintiff/Moving Party Sally Gomery and Mark Gallagher, for the Defendant/Responding Party ENDORSEMENT ON COSTS L. Sheard J. Released: May 1, 2017