1397868 Ontario Ltd. v. Nordic Gaming Corporation (Fort Erie RaceTrack)

1397868 Ontario Ltd. v. Nordic Gaming Corporation (Fort Erie RaceTrack)

The Court exercised its discretion on appeal to award and fix costs in favour of the appellant, ordering the respondent to pay a fixed amount of $5,000 inclusive of GST and disbursements.

Citation
2010 ONCA 181
Parties
Plaintiff (respondent): 1397868 Ontario Ltd.; Defendant (appellant): Nordic Gaming Corporation, c.o.b. Fort Erie Race Track and Eddie Lynn
Court
Court of Appeal for Ontario
Jurisdiction
Canada
Judgment Date
10 March 2010
Procedural Posture
Collection / Appeal Costs Endorsement
Outcome
Respondent ordered to pay appellant's costs fixed at $5,000 inclusive of GST and disbursements.
Legal Topics
Costs, Endorsement, Appellate Review, Quantum of Costs
Source Language
English
Civil Collection Costs Appeal Endorsement Appellate Review Quantum of Costs

Case Brief

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Parties

1397868 Ontario Ltd.

Plaintiff (respondent)

Nordic Gaming Corporation, c.o.b. Fort Erie Race Track and Eddie Lynn

Defendant (appellant)

Procedural Posture

Collection / Appeal Costs Endorsement

Legal Issues

  1. 1 Entitlement to costs on appeal
  2. 2 Fixing the quantum of costs
  3. 3 Whether costs include GST and disbursements

Ratio Decidendi

The Court exercised its discretion on appeal to award and fix costs in favour of the appellant, ordering the respondent to pay a fixed amount of $5,000 inclusive of GST and disbursements.

Court Disposition

Respondent ordered to pay appellant's costs fixed at $5,000 inclusive of GST and disbursements.

Orders

  • The respondent shall pay the appellant’s costs fixed in the amount of $5,000, inclusive of GST and disbursements.