CITATION: First Ontario Realty Corporation v. Appelrouth, 2012 ONSC 5030

DIVISIONAL COURT FILE NO.: 54/11 and 59/11

DATE: 20120910

SUPERIOR COURT OF JUSTICE - ONTARIO

(DIVISIONAL COURT)

RE: First Ontario Realty Corporation v. Appelrouth ET AL.

BEFORE: Then R.S.J., Swinton and Bryant JJ.

COUNSEL: Joseph Hoffer and Kristin Ley, for the Appellant on the Appeal Richard Fink, for the Respondents on the Appeal

HEARD AT TORONTO: by written submissions

ENDORSEMENT

[1] Costs of the appeal and cross-appeal are awarded to First Ontario Realty Corporation on a partial indemnity basis in the amount of $15,000, an amount that is fair and reasonable for this proceeding.

[2] We decline to order the costs payable by the respondents on a joint and several basis. Instead, each of the respondent Tenants shall pay an equal share of the total costs award.

Then R.S.J.

Swinton J.

Bryant J.

DATE: September 10, 2012