Case Name:

VallÈe v. Pickard

RE: Paul VallÈe and 4205553 Canada Inc. - Applicants,

and

Steven Pickard and 4205537 Canada Inc. - Respondents

AND RE: Steven Pickard and 4205537 Canada Inc.

- Applicants, and

Paul VallÈe and 4205553 Canada Inc. - Respondents

[2007] O.J. No. 1265

28 B.L.R. (4th) 167

156 A.C.W.S. (3d) 550

2007 CarswellOnt 1963

Court File Nos. 05-CV-032402 and 05-CV-032986

 Ontario Superior Court of Justice

R.J. Smith J.

April 4, 2007.

(3 paras.)

Counsel:

J. Bruce Carr-Harris, Mandy E. Moore, for Paul VallÈe and 4205553 Canada Inc.

Raymond G. Colautti, Owen D. Thomas, for Steven Pickard and 4205537 Canada Inc.

ENDORSEMENT ON COSTS

1 R.J. SMITH J.:-- Reasons for my decision not to award costs to either party:

In these applications, Pickard sought costs on a substantial indemnity basis and alternatively on a partial indemnity basis to February 10, 2006 and thereafter on a substantial indemnity basis of $105,000.00 plus $1,500.00 for submissions on costs and on additional terms of the agreement.

2     VallÈe submits that since neither party was found more blameworthy and neither obtained the relief sought, success was divided and there should be no order as to costs.

3     I agree with VallÈe's submissions that neither party was found more blameworthy than the other, since neither party was completely successful and success was divided, since it was my intention to treat both parties equally from the standpoint of any remedy, since both parties share responsibility for not entering into a Shareholders' Agreement when the business was initially commenced, and since the assistance of the Court was required for both parties to resolve a deadlocked situation, there will be no order as to costs.

R.J. SMITH J.

cp/e/qlgxc/qllkb