COURT OF APPEAL FOR ONTARIO
RE:
YORK CONDOMINIUM CORPORATION NO. 382 (Plaintiff/Appellant) – and - JAY-M HOLDINGS LIMITED and THE CITY OF TORONTO (Defendants/Respondent)
BEFORE:
WEILER, LANG and ROULEAU JJ.A.
COUNSEL:
Warren H. O. Mueller, Q.C.
for the appellant
Susan Ungar and
Christina Pangos
for the respondent
HEARD:
October 17, 2006
On appeal from the order of Justice John D. Ground of the Superior Court of Justice dated January 20, 2006.
C O S T S E N D O R S E M E N T
1The decision of this court was released on January 29, 2007.
2We have received the cost submission of counsel and considered them. At first instance the parties did not suggest that as this was a case of first impression no costs should be awarded. The respondent claimed and recovered costs in the amount of $10,000. We are of the opinion that the appellant is entitled to its costs at first instance. Consequently, the order awarding $10,000 costs to the respondent is set aside and in its place an order will go awarding the appellant costs of $10,000 all inclusive.
3The appellant is also entitled to the costs of this appeal which we hereby fix in the amount of $15,000 all inclusive.
“Karen M. Weiler J.A.”
“S. E. Lang J.A.”
“Paul Rouleau J.A.”