Court of Appeal for Ontario
BEFORE: Rosenberg, Gillese and Tulloch JJ.A.
BETWEEN
Marcia Brown and Robert Commanda
Plaintiffs (Appellants)
and
The Attorney General of Canada
Defendant (Respondent)
COUNSEL:
Jeffery Wilson and Morris Cooper, for the appellants
Owen D. Young, Paul J. Evraire, Q.C., and Michael W. Bader, Q.C., for the respondent
HEARD: October 25, 2012
On appeal from the order of the Divisional Court (Cunningham A.C.J.S.C., Pardu and Mulligan JJ.), dated December 28, 2011, with reasons reported at 2011 ONSC 7712, setting aside the order of Justice Paul M. Perell of the Superior Court of Justice, dated May 26, 2010, with reasons reported at (2010), 2010 ONSC 3095, 102 O.R. (3d) 493.
COSTS ENDORSEMENT
1We have reviewed the costs submissions of the parties. Given the divided success, we are of the view that this is a proper case where there should be no costs of the motion for leave to appeal or of the appeal.
"M. Rosenberg J.A."
"E.E. Gillese J.A."
"M. Tulloch J.A."
