DATE: 20061121

DOCKET: C42475 & C42461

COURT OF APPEAL FOR ONTARIO

RE:

JENNIFER ARISTORENAS (Plaintiff/Respondent) – and – COMCARE HEALTH SERVICES and DR. JEFFREY GILMOUR (Defendants/Appellants)

BEFORE:

ROSENBERG, MACPHERSON and ROULEAU JJ.A.

COUNSEL:

Paul L. Seitz for the respondent

Colin S. Jackson for the appellant Comcare Health Services

Kirk F. Stevens and Brian T. Butler for the appellant Dr. Jeffrey Gilmour

HEARD:

May 10, 2006

On appeal from the judgment of Justice Sidney N. Lederman of the Superior Court of Justice dated September 7, 2004.

C O S T S E N D O R S E M E N T

[1] The appellants seek costs of $25,000 to be shared between them equally. The respondent does not suggest that the amount requested is unreasonable given the complexity of the appeal but submits that it should be moderated because the appellants did not concede negligence until the appeal hearing itself, the respondent has maintained a portion of the damage award on appeal and the unique circumstances of this case.

[2] We agree with the respondent’s position and would, as a result, substantially moderate what might otherwise be appropriate and award the appellants costs fixed at $5,000 inclusive of G.S.T. and disbursements to be shared between the appellants equally.

“M. Rosenberg J.A.”

“Paul Rouleau J.A.”