COURT FILE NO.: 04-DV-001073

Ottawa

DATE: 20051124

SUPERIOR COURT OF JUSTICE - ONTARIO

DIVISIONAL COURT

RE: GOPAL RAI (Applicant) – and – THE HONOURABLE MADAM JUSTICE MONIQUE MÉTIVIER (Respondent)

BEFORE: JUSTICES MATLOW, BROCKENSHIRE AND MAZZA

COUNSEL: R. Caza and Nicole D. Winsor, for the Applicant

Barbara McIssac, for the Respondent

Leslie McIntosh, for the Intervenor, Attorney General for Ontario

DATE HEARD: In writing

ENDORSEMENT RE COSTS

MATLOW J.:

[1] We are all of the view that the respondent is entitled to the costs of this application fixed at $7500 in total payable within one month from today.

[2] In arriving at this disposition, we have concluded that there is no reason in the circumstances of this case to depart from the usual rule that costs on a partial indemnity basis should follow the event.

[3] As well, we are guided by the decision of the Court of Appeal in Boucher v Public Accountants Council, 71 O.R. (3d) 291 and we have endeavoured to make an award that is fair and reasonable and within the limits of the reasonable expectations of the parties.

MATLOW J.

BROCKENSHIRE J.

MAZZA J.

Released: November 24, 2005