COURT OF APPEAL FOR ONTARIO
RE:
THOMAS PIRNER (Applicant/Respondent) –and- DIANE MARION PIRNER (Respondent/Appellant)
BEFORE:
MCMURTRY C.J.O., LASKIN and LANG JJ.A.
COUNSEL:
John Legge
for the appellant
Milton Bernstein
for the respondent
HEARD:
October 17, 2005
C O S T S E N D O R S E M E N T
1Both the appeal and cross-appeal were dismissed. We have received and considered the parties’ written submissions on costs.
2The appellant seeks only the $2,777.15 costs of the transcripts she ordered for the appeal. The respondent submits first, that not all transcripts were necessary for the argument of the appeal and second, that the respondent bore the cost of some of the transcripts.
3After considering the parties’ divided success and the issues on the appeal and the cross-appeal, we are of the view that the parties should bear their own costs.