CITATION: MD Management Limited v. Campbell, 2011 ONSC 1221

COURT FILE NO.: 233/10

DATE: 20110307

SUPERIOR COURT OF JUSTICE - ONTARIO

(DIVISIONAL COURT)

RE: MD Management Limited v. Timothy William Campbell AND BMO Nesbitt Burns Inc.

BEFORE: Justices Swinton, Herman and Harvison Young

COUNSEL: Paul Bates and Robert Gain, for the Plaintiff/Appellant Malcolm MacKillop and Hendrik Nieuwland, for the Defendants/Respondents

HEARD AT TORONTO: in writing

COSTS ENDORSEMENT

[1] The defendants/respondents seek costs of the appeal, on a partial indemnity basis, in the amount of $41,762.66, inclusive of disbursements and HST. They submit that there should be no costs for the motion for directions before Molloy J.

[2] The plaintiff/appellant submits that it should be awarded costs of the motion on a substantial indemnity basis in the amount of $13,623.20, and there should be no costs of the appeal or the costs should be modest.

[3] The respondents were successful on the appeal, and they should be awarded costs. We accept their submission that each party should bear its own costs of the motion before Molloy J.

[4] While this was an appeal that was important to all parties, the costs sought are beyond what is fair and reasonable for an appeal of this type. Costs to the respondents are fixed at $20,000.00 inclusive of disbursements and HST, payable within 30 days.

Swinton J.

Herman J.

Harvison Young J.

Released: March 7, 2011