DATE: 20010910 DOCKET: C34484

COURT OF APPEAL FOR ONTARIO

MCMURTRY C.J.O., BORINS AND MACPHERSON JJ.A.

B E T W E E N:

WENDY WARD-PRICE on behalf of herself and all other similarly situated

Appellant (Plaintiff)

J. Gardner Hodder for the Appellant (Plaintiff)

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MARINERS HAVEN INC., WILLIAM KAUFMAN, PEGGY KAUFMAN, WILLIAM H. KAUFMAN INC., STUART SNYDER, CLEMENT, EASTMAN, DREGER, MARTIN & MEUNIER, and SIMS CLEMENT EASTMAN

Respondents (Defendants)

D. Michael Brown for the Respondents (Defendants) Jeff Carhart for Ernest and Young Trustee in Bankruptcy of William H. Kaufman

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CLEMENT, EASTMAN, DREGER, MARTIN & MEUNIER and SIMS CLEMENT EASTMAN

Respondents (Third Parties)

Jack Berkow and Alexandra Lev-Farrell for the Respondents (Third Parties)

HEARD: March 9, 2001

On appeal from the judgment of Justice Peter Cumming dated May 23, 2000.

SUPPLEMENTARY REASONS FOR JUDGMENT

BORINS J.A.:

[1] On May 8, 2001, the court released its reasons for judgment in which the plaintiff’s appeal was allowed. The plaintiff was awarded her costs of the motion and the appeal. However, the court did not address whether the costs were payable by the third party, the defendants, or both.

[2] Subsequent to the release of the court’s reasons for judgment, counsel for the third party and the defendant asked the court to clarify its order as to costs.

[3] After considering the submissions of counsel for all of the parties, it is our opinion that the third party and the defendants are jointly and severally liable to pay the plaintiff’s costs of the motion and the appeal. Our earlier reasons are varied accordingly.

Released: September 10, 2001

“R.Roy McMurtry C.J.O.

“S. Borins J.A.”

“J. C. MacPherson J.A.”