COURT FILE NO.: 36/04

DATE: 20050920

ONTARIO

SUPERIOR COURT OF JUSTICE

DIVISIONAL COURT

O’DRISCOLL, JENNINGS AND SWINTON JJ.

B E T W E E N:

THE ESTATE OF LUIGI BUTTARAZZI by his Executors, TONY BUTTARAZZI and PETER BUTTARAZZI

Respondents

• and -

GIUSEPPE BERTOLO, ROLAND DIFLORIO, PATRICIA DIFLORIO and CON STEEL LTD.

Appellants

ENDORSEMENT AS TO COSTS

O’DRISCOLL J.:

[1] Counsel for the successful Respondent has submitted a bill of costs seeking costs on a substantial indemnity scale with fees of $17,325.00 plus disbursements of $683.75 plus G.S.T. for a total of $20,529.96. In the alternative, counsel for the Respondent seeks costs on a partial indemnity scale of $13,480.00 fees plus $683.75 disbursements plus G.S.T. for a total of $15,144.51.

[2] In written submissions, counsel for the Appellant submits that:

(1) There is no justification for awarding costs on a substantial indemnity basis, and

(2) The amount of fees claimed is excessive.

[3] In my view, there is no basis for awarding costs on a substantial indemnity scale. As for the quantum of fees claimed on the lower scale, the amount is excessive.

[4] Costs are fixed at $8,000.00 fees plus $683.75 disbursements plus G.S.T. payable by the Appellants to the Respondents within thirty (30) days of the release of this endorsement.

O’Driscoll J.

Jennings J.

Swinton J.

Released: