DATE: 20010921 DOCKET: C29921

COURT OF APPEAL FOR ONTARIO

RE:

WERNER BRUMMUND (Appellant/ Plaintiff0 – and – IRENE BAUMEISTER, Executrix and Trustee of THE ESTATE OF HEINZ BAUMEISTER, DECEASED and IRENE BAUMEISTER, Personally (Respondents/ Defendants)

BEFORE:

MORDEN, GOUDGE AND FELDMAN JJ.A.

COUNSEL:

Neil A. Kaufman for the appellant

John A. Harder for the respondent

HEARD:

Written Submissions Filed on or about July 13, 2001, August 20, 2001, and August 22, 2001.

E N D O R S E M E N T

[1] We have considered the written submissions delivered by counsel on the subject of costs. We agree with the submissions filed on behalf of the appellant, Werner Brummund, and, accordingly, order that paragraph 16 in the reasons of the court dated December 22, 2000 be varied to provide that the appeal and cross appeal be dismissed, both without costs.

“J.W. Morden J.A.”

“”S.T. Goudge J.A.”

“K. Feldman J.A.”