DATE: 20021023
DOCKET: C37160
COURT OF APPEAL FOR ONTARIO
RE: ONTARIO MINISTRY OF HEALTH AND LONG-TERM CARE/ ONTARIO HEALTH INSURANCE PLAN (Appellant) –and– ZOE GEORGIOU, PANAGIOTIS GEORGIOU, DEANNA NATALIE GEORGIOU, JOHNATHON DAVID GEORGIOU, ARIS JOSEPH GEORGIOU, THOMAS THEODORIDIS, EVA THEODORIDIS, CHRISTINE THEODORIDIS and FRANCES KARAKOLIS (Plaintiffs/Respondents)
BEFORE: LASKIN, GOUDGE and ARMSTRONG JJ.A.
COUNSEL: Derek L. Smith, for the appellant Edward A. Ayers, Q.C. and Michael C. Smith, for the respondent
HEARD: April 30, 2002
On appeal from the judgment of Justice Nancy L. Backhouse of the Superior Court of Justice dated September 14, 2001.
E N D O R S E M E N T O N C O S T S
1[1] The respondent, the successful party both before Backhouse J. and in this court, has asked us to fix the costs of the motion and of the appeal.
2[2] In our view, the costs of the motion is a matter for the motions judge.
3[3] We have considered the written submissions of both sides on the costs in this court. In our view, costs should be awarded to the respondent on a partial-indemnity basis. Although we accept that Mr. Ayers and Mr. Smith devoted the time for this appeal each has recorded, we think a fair figure for the respondent’s costs is $7,500 plus assessable disbursements and G.S.T.
Signed:
“John Laskin J.A.” “S.T. Goudge J.A.” “Robert P. Armstrong J.A.”