Combined Air Mechanical Services Inc. v. Flesch
The Court exercised its discretion to award costs to the respondents for the appeal and fixed the amount at $20,000 inclusive of disbursements and HST.
Source-derived case information.
- Citation
- 2013 ONCA 304
- Parties
- Appellant: Combined Air Mechanical Services Inc.; Appellant: Dravo Manufacturing Inc.; Appellant: Combined Air Mechanical Services; Respondent: William Flesch; Respondent: WJF Investments Inc.; Respondent: Service Sheet Metal Inc.; Respondent: James Searle
- Court
- Court of Appeal for Ontario
- Jurisdiction
- Canada
- Judgment Date
- 8 May 2013
- Procedural Posture
- Civil / Appeal — Costs Endorsement by Court of Appeal
- Outcome
- Costs awarded to the respondents on the appeal.
- Legal Topics
- Costs on Appeal, Quantification of Costs, Costs Endorsement
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Combined Air Mechanical Services Inc.
Appellant
Dravo Manufacturing Inc.
Appellant
Combined Air Mechanical Services
Appellant
William Flesch
Respondent
WJF Investments Inc.
Respondent
Service Sheet Metal Inc.
Respondent
James Searle
Respondent
Procedural Posture
Civil / Appeal — Costs Endorsement by Court of Appeal
Legal Issues
- 1 Whether costs of the appeal should be awarded
- 2 What quantum of costs is appropriate and whether it should be inclusive of disbursements and HST
Ratio Decidendi
The Court exercised its discretion to award costs to the respondents for the appeal and fixed the amount at $20,000 inclusive of disbursements and HST.
Court Disposition
Costs awarded to the respondents on the appeal.
Orders
- Costs awarded to the respondents fixed in the amount of $20,000 inclusive of disbursements and HST.
Full Case Text
Judgment text and source record
1 paragraphs
Combined Air Mechanical Services Inc. v. Flesch Collection Decisions of the Court of Appeal Date 2013-05-08 Neutral citation 2013 ONCA 304 Docket numbers C51986 Judges Winkler, Warren Keith; Laskin, John Ivan; Sharpe, Robert J.; Armstrong, Robert Patrick; Rouleau, Paul S. Subject Civil Decision Content COURT OF APPEAL FOR ONTARIO CITATION: Combined Air Mechanical Services Inc. v. Flesch, 2013 ONCA 304 DATE: 20130508 DOCKET: C51986 Winkler C.J.O., Laskin, Sharpe, Armstrong and Rouleau JJ.A. BETWEEN Combined Air Mechanical Services Inc., Dravo Manufacturing Inc.and Combined Air Mechanical Services Plaintiffs (Appellants) and William Flesch, WJF Investments Inc., Service Sheet Metal Inc., and James Searle Defendants (Respondents) J. Gardner Hodder and Guillermo Schible, for the appellants Daniel F. Chitiz and Tamara Ramsey, for the respondents Heard: June 21, 2011 On appeal from the order of Justice Edward P. Belobaba of the Superior Court of Justice dated April 8, 2010. COSTS ENDORSEMENT [1] The parties have made written submissions with respect to the costs of this appeal. We have considered those submissions and award costs in favour of the respondents, fixed in the amount of $20,000 inclusive of disbursements and HST. “W.K. Winkler C.J.O.” “John Laskin J.A.” “Robert J. Sharpe J.A.” “R.P. Armstrong J.A.” “Paul Rouleau J.A.