DATE: 20050503

DOCKET: C41282

COURT OF APPEAL FOR ONTARIO

FELDMAN, CRONK and ARMSTRONG JJ.A.

B E T W E E N :

NATALIE GRASS, a minor by her Litigation Guardian, MARILYN GRASS and the said MARILYN GRASS, personally

Plaintiffs (Respondents/Appellants by way of cross-appeal)

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WOMEN’S COLLEGE HOSPITAL, JANE DOE, JOHN ROE, BETH GHERSON and FAY WEISBERG

Defendant (Appellant/Respondent by way of cross-appeal)

Counsel:

Harry Underwood and Frank J. McLaughlin, for the appellant/respondent by way of cross-appeal

Paul J. Pape, for the respondents/appellants by way of cross-appeal

Heard: October 25 and 26, 2004

On appeal and cross-appeal from the judgment of Justice Susan Lang of the Superior Court of Justice, sitting without a jury, dated December 31, 2003, reported at [2003] O.J. No. 5313 and [2004] O.J. No. 1519.

SUPPLEMENTARY REASONS

[1] By reasons for judgment in this matter dated April 15, 2005, we requested counsel for the parties to inform us of their respective positions concerning the costs of the first and second trials in this case. They have now informed us of their joint position that the costs of both prior trials should be reserved to the judge presiding over the third trial of the action.

[2] In view of the agreement of the parties on this issue, their joint submission, and the unusual circumstances of this case, the costs of the first and second trials are hereby reserved to the judge presiding over the third trial. In all other respects, our reasons for judgment dated April 15, 2005 remain unchanged.

RELEASED:

“MAY –3 2005” “K. Feldman J.A.”

“KNF” “E.A. Cronk J.A”

“Robert P. Armstrong J.A.”