COURT OF APPEAL FOR ONTARIO
RE:
JARED E. PADFIELD, BEVERLY PADFIELD and ROBERT PADFIELD (Plaintiffs /Respondent) – and - LEONARD MARTIN and L.M. MARTIN TRANSPORT LTD. (Defendants/Appellants)
BEFORE:
O’CONNOR A.C.J.O., LASKIN and BORINS JJ.A.
COUNSEL:
Crawford M. MacIntyre and
Rita Bambers
for the appellants
Karl Arvai
for the respondent
HEARD:
Heard: November 19 and 20, 2002
On appeal from the judgment entered by Justice Joseph M. W. Donohue of the Superior Court of Justice on January 18, 2001.
C O S T S E N D O R S E M E N T
1We have had an opportunity to review the parties’ submissions with respect to costs. In our view, the appellants are entitled to their costs of the appeal and the cross‑appeal on a partial indemnity basis. However, the bill of costs is excessive. Accordingly, the costs of the appellants are fixed in the amount of $20,000 inclusive of disbursements and G.S.T.
“D. O’Connor A.C.J.O.”
“John Laskin J.A.”
“S. Borins J.A.”