DATE: 20001020

DOCKET: C34606

COURT OF APPEAL FOR ONTARIO

RE JOHN NUNZIATA (Applicant/Appellant) –and– NOVINA WONG, CLERK, CITY OF TORONTO (Respondent) –and– ATTORNEY GENERAL FOR ONTARIO (Intervener)

BEFORE: FINLAYSON and CARTHY JJ.A and SIMMONS J.A. (ad hoc)

COUNSEL: Ronald E. Carr and Peter L. Biro, for the appellant

Leslie Mendelson, for the respondent

Sarah T. Kraicer and Lisa J. Sand, for the intervener

HEARD: September 11-12, 2000

On appeal from the Divisional Court from the decision of Carnwath, Blair and Southey JJ. dated June 16, 2000 that sections of the Municipal Elections Act, S.O. 1996 c.32 do not violate s.3 of the Charter of Rights and Freedoms, Part I of the Constitution Act, 1982, being Schedule B to the Canada Act 1982 (U.K.), 1982, c.11 (the "Charter").

ENDORSEMENT ON COSTS

[1] Following the judgment of this court, at its invitation, we received written submissions as to costs from counsel for the applicant and respondent. We have considered them.

[1] Costs in this court ordinarily follow the event. However, the successful respondent does not ask for costs, either here or on the motion for leave to appeal. Accordingly, there will be no order as to costs. The appeal having been dismissed, the order as to costs in the Divisional Court stands.

Signed: “G.D. Finlayson J.A.”

“J.J. Carthy J.A.”

“Simmons J. (ad hoc)