DATE: 20011204 DOCKET: C32838/C32840/M26490
COURT OF APPEAL FOR ONTARIO
RE:
JOHN GRIFFITHS (Plaintiff/Appellant) – and – FRANK ZAMBOSCO and AMY GRIFFITHS also known as IRMGARD CATHERINE SLOAN (Defendants/Respondents)
BEFORE:
OSBORNE A.C.J.O., DOHERTY AND GOUDGE J.A.
COUNSEL:
Frederick E. Leitch, Q.C.
For the appellant, Griffiths
J. Brian Casey
For the appellant, Zambosco
John M. Banfill
For the respondent, Sloan
HEARD:
October 16, 2000
On appeal from the judgment of Justice Donald MacKenzie, dated August 19, 1999.
E N D O R S E M E N T
[1] In our view, the costs to which Zambosco is entitled as a result of the judgment of this court released June 5, 2001 should be recoverable against both Griffiths and Sloan jointly and several. The respondents shared a community of interest in the appeal by Zambosco. The respondent Griffiths had a significant practical stake in the respondent Sloan’s attempt to resist Zambosco’s appeal against her. This community of interest was reflected in the joint factum by the respondents on Zambosco’s appeal. In these circumstances it is appropriate that both respondents be responsible for Zambosco’s costs, jointly and severally.
"C.A. Osborne A.C.J.O."
"Doherty J.A."
"S.T. Goudge J.A."