Magdalena Elaine Fish

This is a costs endorsement on appeal from a Superior Court decision.

The Court of Appeal awarded costs to the respondents on a partial indemnity basis in the amount of $10,000, inclusive of disbursements and relevant taxes.

The appellant appealed a summary judgment decision dismissing its claim against the City of Markham and Markham Public Library.

The trial judge found that the operative contract terms permitted the respondents to terminate the agreement without cause on 30 days' notice, and that the respondents exercised this right in good faith.

The Court of Appeal found no error in the trial judge's contractual interpretation or factual findings and dismissed the appeal.

The court also rejected allegations of procedural unfairness and declined to grant leave to appeal the costs order.