DATE: 20010327
DOCKET: C33222
COURT OF APPEAL FOR ONTARIO
CATZMAN, CHARRON AND MACPHERSON JJ.A.
BETWEEN:
CANADIAN COMMUNITY READING
F.J.C. Newbould, Q.C. and
PLAN INC. and INTERPROVINCIAL
A.A. Blumenfeld
CIRCULATION LIMITED
for the appellants
Plaintiffs (Appellants)
- and -
QUALITY SERVICE PROGRAMS INC.,
Donald Houston and
QSP, INC., MACLEAN HUNTER
Eliot N. Kolers for the
PUBLISHING LIMITED, LES EDITION
QSP respondents, the Reader’s
MACLEAN HUNTER LIMITÉE, THE
Digest and James Ring
READER’S DIGEST ASSOCIATION
(CANADA) LTD., TELEMEDIA
Kent E. Thomson and
COMMUNICATIONS INC., JAMES RING,
Linda Plumpton for the
GLORIA MACDONALD AND
Maclean Hunter respondents
HOWARD ADAMS
and Howard Adams
Defendants(Respondents)
Andrew M. Diamond and
Allan D. Coleman for the
respondents Telemedia
Communications Inc. and
Gloria MacDonald
Heard: October 20, 2000
A D D E N D U M
BY THE COURT:
[1] After the release of our judgment in this matter, we received further submissions from the parties for the purpose of clarifying whether the costs award of Benotto J. against ICL in favour of the individual defendants should be upheld as a consequence of this court’s dismissal of ICL’s appeal.
[2] In our view, it was within the motions judge’s discretion to award the individual defendants their costs against both plaintiffs because they were improperly joined in the action. Consequently, as a result of the dismissal of both plaintiffs’ appeals in relation to the individual defendants, the motions judge’s cost award in their favour stands, as against both CCRP and ICL.
(signed) “M. A. Catzman J.A.”
(signed) “Louise Charron J.A.”
(signed) “J. C. MacPherson J.A.”
RELEASED: March 27, 2001
“MAC”