COURT OF APPEAL FOR ONTARIO
BEFORE: Carthy, Charron and Rosenberg JJ.A.
B E T W E E N:
DALIMPEX LTD.
Plaintiff (Appellant)
- and -
ANDRZEJ JANICKI, AGROS TRADING SPOLKA Z.O.O. also known as AGROS TRADING CO. LTD., also known as AGROS TRADING COMPANY LIMITED, and AGROPOL INTERNATIONAL TRADE LTD.
Defendants (Respondents)
A N D B E T W E E N:
AGROS TRADING SPOLKA Z.O.O.
Applicant (Respondent)
- and -
DALIMPEX LTD.
Respondent (Appellant)
COUNSEL:
Marek Z. Tufman, for the appellant
J. Brian Casey, for the respondents
HEARD: March 21, 2003
On appeal from the judgment of the Divisional Court (Justices James D. Carnwath, Ted Matlow and Anne M. Molloy) released June 27, 2000 and reported at [2000] O.J. No. 2927, and from the judgment of Justice Harry J. Keenan of the Superior Court of Justice dated October 11, 2001 and reported at 14 C.P.C. (5th) 134.
ADDENDUM
1Further to the release of the judgment in these two proceedings, we have received the respondent’s written submissions on costs. The appellant has elected not to file submissions in response.
2There is no reason why the respondents should not be awarded their costs in respect of both appeals. We hereby fix those costs at $50,000 all inclusive. This award includes the costs on the leave application, the application to introduce fresh evidence and both appeals.
Released: JJC SEP 03 2003
Signed: "Louise Charron J.A." "J.J. Carthy J.A." "M. Rosenberg J.A."