Butler v. Kronby, 2002 CanLII 41392 (ON CA)

1. DATE:20020731 DOCKET: C32053

COURT OF APPEAL FOR ONTARIO

RE:

PATRICIA BUTLER (Plaintiff/Appellant) –and– MALCOLM KRONBY and McMILLAN BINCH (Defendants/Respondents)

BEFORE:

ROSENBERG, SHARPE and CRONK JJ.A.

COUNSEL:

David Harris, for the appellant

A. Burke Doran, Q.C. and E. Llana Nakonechny, for the respondents

HEARD:

June 18, 2002

On appeal from the judgment of Justice Hugh R. McLean dated April 15, 1999.

E N D O R S E M E N T ON COSTS

1. [1] We have reviewed the written submissions of counsel. We agree with the appellant that there should be no costs of the motion before Carthy J.A. We are otherwise in substantial agreement with the submissions of the respondents. Having regard to all the circumstances and to the issues on the appeal, the respondents are entitled to their costs of the appeal fixed in the amount of $26,000 including disbursements and GST.

2. “Marc Rosenberg J.A.”

3. “Robert J. Sharpe J.A.”

4. “E.A. Cronk”