DATE: 20060207

DOCKET: C40606

COURT OF APPEAL FOR ONTARIO

RE:

ANNE ROBERTSON and ANTIGONE INVESTMENTS LIMITED (Appellants) –and- GORDON BARRIE JONES, ZHARINA JONES, MIRIAM LOUISE D’ANCONA, LEON YEHUDA D’ANCONA and CITY OF TORONTO (Respondents)

BEFORE:

ARMSTRONG, LANG AND MACFARLAND JJ.A.

COUNSEL:

Neal H. Roth

for the appellants

Pamela S. Miehls

for the respondent

HEARD & ENDORSED:

February 3, 2006

On appeal from the judgment of Justice James M. Spence of the Superior Court of Justice dated July 8, 2004 made at Toronto, Ontario.

A P P E A L B O O K E N D O R S E M E N T

[1] Leave to appeal the costs awards is granted.

[2] We would allow the cross-appeal in respect of the motion to re-open the argued costs award of $7,500.00, which we would reduce to $1,500.00.

[3] The cross-appeal is otherwise dismissed. The respondents shall have their costs of the cross-appeal fixed at $3,500 inclusive of disbursements and GST.