COURT OF APPEAL FOR ONTARIO
RE:
DEBORAH ESTHER LEWI (Applicant/Respondent/Appellant by way of cross-appeal) – and – HARVEY LEWI (Respondent/ Appellant/Respondent by way of cross-appeal)
BEFORE:
GILLESE, BLAIR and JURIANSZ JJ.A.
COUNSEL:
Philip M. Epstein, Q.C. and Robert M. Wright
for the appellant
D. Smith
for the respondent
HEARD:
October 25, 2005
On appeal from the orders of Justice Margaret Eberhard of the Superior Court of Justice dated February 14, 2005, and March 30, 2005.
E N D O R S E M E N T R E COSTS
1The majority did not deal with costs in its decision released on May 11, 2006. We do so now having considered the parties’ submissions made at the close of the hearing of the appeal, the general importance of the issues, the limited success achieved by the appellant, and the fact the appellant advanced arguments that were not raised before the motion judge that this court refused to entertain.
2The motion judge’s costs order is set aside. The parties will bear their own costs in this court and in the court below.
“R.A. Blair J.A.”
“R.G. Juriansz J.A.”