COURT OF APPEAL FOR ONTARIO
RE: DAVID RIVE (Plaintiff/Respondent) – and – DONALD M. NEWTON and HAZEL E. NEWTON (Defendants) (Donald M. Newton, Appellant in appeal)
BEFORE: MORDEN, WEILER and CHARRON JJ.A.
COUNSEL: William E. Baker for the appellant Donald M. Newton Sarit E. Batner and S. Sloan for the respondent David Rive
HEARD: February 11, 2003
Released Orally: February 11, 2003
On appeal from a judgment of Justice Russell G. Juriansz dated July 19, 2001.
E N D O R S E M E N T
1We agree with the conclusion of Juriansz J. and with the reasons which he gave for it. The appeal is dismissed with costs on a partial indemnity basis.
2We grant leave to appeal the costs decision but dismiss this appeal. We are not persuaded that Juriansz J. erred in principle in fixing costs on the basis of what would be an appropriate quantum had a summary procedure been used. There will be no costs of the cross-appeal.
[Submissions made on quantum of costs.]
3The costs of the appeal are fixed in the amount of $7,000.
"J.W. Morden J.A."
"K.M. Weiler J.A."
"Louise Charron J.A."