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Costs - Contractually-Determined. MDS Inc. v. Factory Mutual Insurance Company
In MDS Inc. v. Factory Mutual Insurance Company (Ont CA, 2021) the Court of Appeal awarded costs of a trial at a contractually-determined rate:[106] For the reasons set out above, I would allow the appeal and deny coverage. In keeping with this court’s decision in St. Jean v. Cheung, 2009 ONCA 9, at para. 4, and Hunt v. TD Securities Inc. (2003), 2003 CanLII 3649 (ON CA), 229 D.L.R. (4th) 609 (Ont. C.A.), at para. 188, since the appeal is allowed, I would set aside the trial judge’s decision with costs. In accordance with the agreement between the parties, costs of this appeal to the appellant in the amount of $35,000 inclusive of disbursements and HST.
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