COURT OF APPEAL FOR ONTARIO
CATZMAN, WEILER and ARMSTRONG JJ.A.
B E T W E E N:
CHRISTIE GERDA ROSENECK
Applicant (Respondent)
- and -
WILLIAM GERALD GOWLING
Respondent (Appellant)
Counsel:
James G. McLeod, for the respondent
Hendrick Keesmaat, for the appellant
Heard: October 17, 2002
On appeal from the orders of Justice Patricia Wallace of the Superior Court of Justice dated May 30, 2001.
ADDENDUM
1On December 24, 2002 this court released its reasons in this appeal. On January 24, 2003 an addendum was issued fixing the costs of the appeal, as agreed between the parties, at $6,000. The court has now been asked to fix the costs of the six day trial.
2Neither party achieved a result at trial that was more favorable than their respective offers to settle. Roseneck’s ultimate recovery was, however, more favourable than Gowling’s offer to settle and she is therefore entitled to party and party costs throughout, which I would fix in the amount of $30,000 all inclusive.
Released: Feb 21, 2003
“M.A.C.”
Signed: “Karen M. Weiler J.A.”
“I agree M.A. Catzman J.A.”
“I agree Robert P. Armstrong J.A.”