Court of Appeal for Ontario

Citation: MacNeil v. Dana Canada Corporation, 2009 ONCA 512

Date: 2009-06-23

Docket: C49253

Before: Juriansz, MacFarland and Watt JJ.A.

Between:

Joe MacNeil

Plaintiff (Respondent)

and

Dana Canada Corporation

Defendant (Appellant)

Counsel:

Michael A. Hines and Frank Cesario for the defendant (appellant)

Bradley J. Troup for the plaintiff (respondent)

Heard and released orally: April 17, 2009

On appeal from the judgment of Justice J.E. Sheppard of the Superior Court of Justice, dated July 16, 2008.

SUPPLEMENTARY ENDORSEMENT

[1] The court’s decision in this appeal was delivered orally after the hearing on April 17, 2009. The appeal was allowed and the appellant’s costs of the appeal were fixed. The successful appellant did not address the costs of trial in its cost submissions, also made orally after the appeal, though it had sought its costs at trial in its written material.

[2] The appellant is entitled to its costs at trial as well as on the appeal. Absent agreement between counsel, those costs are to be assessed.

"R.G. Juriansz J.A."

"J.L. MacFarland J.A."

"David Watt J.A."