Preston v. Cervus Equipment Corporation
After reviewing the parties' written submissions on costs, the Court exercised its discretion to award the appellant its costs of the motion in the all-inclusive amount of $30,000 and ordered the respondent to pay that sum.
Source-derived case information.
- Citation
- 2024 ONCA 861
- Parties
- Respondent: Matthew Preston; Appellant: Cervus Equipment Corporation
- Court
- Court of Appeal for Ontario
- Jurisdiction
- Canada
- Judgment Date
- 27 November 2024
- Procedural Posture
- Civil / Appeal Costs Endorsement
- Outcome
- Respondent ordered to pay appellant's costs of the motion.
- Legal Topics
- Costs of Motion, Costs on Appeal, Endorsement
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Matthew Preston
Respondent
Cervus Equipment Corporation
Appellant
Procedural Posture
Civil / Appeal Costs Endorsement
Legal Issues
- 1 Whether the respondent should be ordered to pay the appellant's costs of the motion
- 2 Quantum of costs to be awarded for the motion
Ratio Decidendi
After reviewing the parties' written submissions on costs, the Court exercised its discretion to award the appellant its costs of the motion in the all-inclusive amount of $30,000 and ordered the respondent to pay that sum.
Court Disposition
Respondent ordered to pay appellant's costs of the motion.
Orders
- Respondent Matthew Preston to pay Cervus Equipment Corporation its costs of the motion in the all-inclusive amount of $30,000.
Full Case Text
Judgment text and source record
1 paragraphs
Preston v. Cervus Equipment Corporation Collection Decisions of the Court of Appeal Date 2024-11-27 Neutral citation 2024 ONCA 861 Docket numbers COA-24-CV-0325 Judges Hourigan, C. William; Madsen, Lene; Pomerance, Renee M. Subject Civil Decision Content COURT OF APPEAL FOR ONTARIO CITATION: Preston v. Cervus Equipment Corporation, 2024 ONCA 861 DATE: 20241127 DOCKET: COA-24-CV-0325 Hourigan, Madsen and Pomerance JJ.A. BETWEEN Matthew Preston Plaintiff (Respondent) and Cervus Equipment Corporation Defendant (Appellant) Tudor Carsten, for the appellant Kevin Fox, for the respondent Heard: October 24, 2024 On appeal from the judgment of Justice John Callaghan of the Superior Court of Justice, dated February 9, 2024. COSTS ENDORSEMENT [1] This costs endorsement is further to our reasons dated November 1, 2024. In our reasons, we invited the parties to make submissions regarding the costs of the proceedings below if they were unable to agree on the issue. [2] We have received and reviewed the parties’ written submissions. We order that the respondent Matthew Preston pay to the appellant Cervus Equipment Corporation its costs of the motion in the all-inclusive amount of $30,000. “C.W. Hourigan J.A.” “L. Madsen J.A.” “R. Pomerance J.A.”