Court of Appeal for Ontario
BEFORE: Doherty, Epstein and Huscroft JJ.A.
BETWEEN
Municipality of Middlesex Centre
Applicant (Appellant)
and
David Ronald MacMillan, Janice Lynn McIntosh and Her Majesty the Queen in Right of Ontario
Respondents (Respondents in Appeal)
COUNSEL:
James D. Virtue, for the appellant
Analee J.M. Ferreira and E. Cormier, for the respondents David MacMillan and Janice McIntosh
No one appearing for the respondent Her Majesty the Queen in Right of Ontario
HEARD: February 4, 2016
On appeal from the order of Justice A. Mitchell of the Superior Court of Justice, dated May 8, 2015, with reasons reported at 2015 ONSC 2988.
COSTS ENDORSEMENT
1The parties agreed that the successful party on appeal should receive costs of $8,000, inclusive of disbursements and relevant taxes. The appellant, as the successful party, is entitled to those costs.
2The court received submissions as to the appropriate costs on the application. In light of the outcome of the appeal, the appellant is entitled to its costs on the application. We agree with the submissions of the respondents MacMillan and McIntosh that those costs should be fixed at $50,000, inclusive of disbursements and relevant taxes.
“Doherty J.A.”
“Gloria Epstein J.A.”
“Grant Huscroft J.A.”