COURT FILE NO.: 300/06

451/06

DATE: 20070524

ONTARIO

SUPERIOR COURT OF JUSTICE

DIVISIONAL COURT

B E T W E E N:

JOHN and MICHIKO HSUEN

Bois P. Wilson, for the Applicants Dr. John Hsuen and Michiko Hsuen

Applicants

• and -

ONTARIO MUNICIPAL BOARD CHURCHILL-BASSWOOD DEVELOPMENTS INC. CHURCHILL/YONGE DEVELOPMENT LTD., CITY OF TORONTO

Mark Michaels, for the Ontario Municipal Board

Alan B. Dryer, for the Moving Parties/Respondents Churchill-Basswood Developments Inc. and Churchill/Yonge Development Ltd.

Respondents

Ellen Macdonald J.

SUPPLEMENTARY REASONS FOR COSTS

1These reasons are supplemental to reasons that I released in this matter on January 8, 2007.

2The parties have now made written submissions on costs. Mr. Dryer’s submissions were responded to on March 19, 2007. Mr. Dryer made further written submissions by way of reply by letter dated March 27, 2007.

3I do not agree that the Hsuen parties should be absolved from costs in this matter. While I would not order costs on the basis of substantial indemnity, I do order costs to the respondents in the judicial review application on a partial indemnity basis. The fixing of costs on either a partial indemnity or substantial indemnity scale is an inherently arbitrary process. The outcome must respond to what the court would consider the reasonable expectations of the parties to the application for judicial review.

4I fix costs in favour of the responding party Churchill Basswood- Developments in the amount of $10,500.00. The respondents, the Ontario Municipal Board shall have its cost fixed at the sum of $1,000.00. The Ontario Municipal Board filed a very brief factum wherein they adopted all of the submissions of the remaining respondents including all of the authorities which were cited by the other respondents. These costs are payable within 30 days of the release of these supplementary reasons.

Ellen Macdonald J.

Released: May 24, 2007

COURT FILE NO.: 300/06

451/06