DATE: 20030710

DOCKET: C35825

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

[1] We 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.”