COURT FILE NO.: 276/07
DATE: 20071019
SUPERIOR COURT OF JUSTICE - ONTARIO
DIVISIONAL COURT
RE: NICHOLS GRAVEL LIMITED Appellant
- and -
HER MAJESTY THE QUEEN IN THE RIGHT OF THE PROVINCE OF ONTARIO, MINISTRY OF NATURAL RESOURCES AND THE COUNTY OF HALDIMAND Respondents
BEFORE: CARNWATH, SPIES & NEWBOULD JJ.
COUNSEL: Paul J. Osier, for the Appellant Dennis Brown & Connie Vernon, for Her Majesty the Queen in Right of the Province of Ontario Nicholas Adamson, for Ministry of Natural Resources Sara Premi, for the County of Haldimand
COSTS ENDORSEMENT
CARNWATH J.:
[1] In this matter, Nichols Gravel Limited appealed the decision of the Ontario Municipal Board heard in September of 2006. The appeal was dismissed without the necessity of calling on the respondents. The Ministry of Natural Resources seeks partial indemnity costs of $8,034.09, including the costs of cross-examining Gary Nichols. The costs sought are reasonable and reasonably incurred. They are what a losing party might reasonably be expected to pay. The Ministry shall have its costs of $8,034.09, inclusive of fees, disbursements and G.S.T., payable forthwith.
[2] On consent, the County of Haldimand shall have its costs of $2,500, inclusive of fees, disbursements and G.S.T., from Nichols Gravel Limited.
CARNWATH J.
SPIES J.
NEWBOULD J.
DATE: 20071019