Court File and Parties

COURT FILE NO.: 523/02

DATE: 20030926

ONTARIO

SUPERIOR COURT OF JUSTICE

DIVISIONAL COURT

o'driscoll, then and lang jj.

B E T W E E N:

OGI RESSEL Appellant

• and -

COLLEGE OF CHIROPRACTORS OF ONTARIO Respondent

ADDENDUM AS TO COSTS

THE COURT:

[1] We have reviewed the reasons of the Court, released July 25, 2003. We have read and reviewed the letter of counsel for the Respondent College, addressed to the Registrar of the Court, dated August 18, 2003 and the Respondent's "Brief of Documents on Costs" (Tabs 1-5).

[2] We have read and reviewed the letter of counsel for the Appellant, addressed to the Registrar of the Court, dated August 28, 2003 and the "Appellant's Brief of Authorities on Costs".

[3] We are unanimously of the view:

1. That the costs on this appeal should not be awarded on a substantial indemnity scale in the sum of $48,362.24 plus G.S.T., as set out in Tab 1 of the Respondent's "Brief of Documents on Costs".

2. That the costs of this appeal should be awarded to the Respondent on a partial indemnity scale but in an amount less than the $34,764.24 plus G.S.T. requested at Tab 1 of the Respondent's "Brief of Documents on Costs".

3. That the costs award of $15,000.00, all in, as proposed in the last paragraph of the Appellant's letter (supra), is inadequate.

We award the costs of this appeal on a partial indemnity scale. The Appellant shall forthwith pay to the Respondent the following fixed costs:

(a) Fees - $25,000.00

(b) Disbursements - $ 1,792.24

(c) G.S.T. (7%) - $ 1,875.46

Total $28,667.70

O'Driscoll J.

Then J.

Lang J.

Released: