Amelin Engineering v. Steam-Eng Inc.
AMELIN ENGINEERING LTD.
Law Firm / Organization
Not Specified
MICHAEL ELINSON
Law Firm / Organization
Self Represented
STEAM-ENG INC.
BLOWER ENGINEERING INC.

Key Issues:

  1. Costs Order: Mr. Elinson objected to being personally liable for costs.
  2. Plaintiffs' Appeal: Notice of Motion for Leave to Appeal costs dismissed; appeal of trial judgment dismissed on November 17, 2022.
  3. Draft Order Dispute: Disagreement over a draft order that reflected a compromise instead of the judge's disposition on costs.

Judge’s Findings:

  • Functus Officio: The judge could not entertain new arguments from Mr. Elinson as the matter of costs had been previously decided.
  • Draft Order Rejection: The judge refused to sign the defendants' draft order as it did not reflect her original disposition on costs.
  • Disposition on Costs:
    • Plaintiffs to pay defendants $582,496.80 in fees and $135,416.40 in disbursements.
    • Defendants to pay plaintiffs $19,500 for the counterclaim.

Final Directions:

  • If the defendants seek enforcement of the agreed compromise, they must file a motion.
  • If seeking to reflect the judge’s original costs disposition, the defendants must:
    • Send a draft order to the plaintiffs.
    • Allow plaintiffs seven days to respond.
    • Submit the draft to the registrar if no response is received.

 

Superior Court of Justice - Ontario
CV-09-375888
Corporate & commercial law
$ 717,913
Defendant