DATE: 20030513
DOCKET: C36509
COURT OF APPEAL FOR ONTARIO
RE: SAMUEL SKURECKI (in his capacity as Estate Trustee of the Estate of Murray Warsh, deceased), ARBORDALE LONE TREE INC., and CROYDON CONSULTANTS INC. (Plaintiff (Respondents)) – and – PHILLIP LITOWITZ, MARC GOLDENBERG, DUNBURY COLORADO INC., and STASHIVER COLORADO INC. (Defendants (Appellants))
BEFORE: WEILER, ROSENBERG and FELDMAN JJ.A.
COUNSEL:
Ronald B. Moldaver Q.C. for the appellants
Robert A. Watson for the respondents
HEARD: March 4, 2003
ENDORSEMENT RELEASED: APRIL 1, 2003
ENDORSEMENT ON COSTS
1We have now received the bill of costs from the respondents and submissions from the parties concerning costs. While the trial judge awarded costs on a solicitor-client basis, we have not been persuaded that on appeal the respondents are entitled to costs on a substantial indemnity basis. On the other hand, we agree with the respondents that they are entitled to a significant costs award given the complexity of the matter and the need to respond to a number of issues, some of them very detailed factual issues.
2Accordingly, the appellants shall pay to the respondents costs in the amount of $25,000 inclusive of disbursements and GST.
Signed:
"M. Rosenberg J.A."
"K.M. Weiler J.A."
"K. Feldman J.A."
