DATE: 20011212 DOCKET: C33179
COURT OF APPEAL FOR ONTARIO
RE:
886496 ONTARIO INC. and CPC PUMPS INERNATIONAL INC. (Plaintiffs/Respondents) v. YCI HOLDINGS INC., JOHN YARNELL, DELOITTE & TOUCHE (formerly known as DELOITTE HASKINS & SELLS), ERNST & YOUNG (Defendeants/Appellants)
BEFORE:
OSBORNE A.C.J.O., LASKIN and FELDMAN JJ.A.
COUNSEL:
Christopher Ashby
for the appellants
Michael Valente and James A. Scarfone
for the respondents
HEARD:
January 29, 2001
On appeal from the judgment of Justice William J. Festeryga dated November 4, 1999.
E N D O R S E M E N T ON C O S T S
[1] We have considered the written submissions on costs made by both parties. In our view, the respondents (plaintiffs) are entitled to their party and party costs of the trial. This court’s judgment did not alter the trial judge’s principal findings of liability and, even though this court reduced the award of damages, the respondents still largely succeeded in their claim. The respondents’ offer to settle referred to by the trial judge no longer affects the disposition of costs. The appellants did not make a relevant offer to settle.
[2] We decline to alter the costs of the appeal. As set out in paragraph 67 of the reasons of Osborne A.C.J.O. the appellants are entitled to the costs of the appeal because they achieved substantial success on the appeal.
“C.A. Osborne A.C.J.O.”
“J. Laskin J.A.”
“K. Feldman J.A.”