DATE: 20021217

DOCKET: C36849

COURT OF APPEAL FOR ONTARIO

CARTHY, LASKIN AND BORINS JJ.A.

B E T W E E N:

CANADIAN IMPERIAL BANK OF COMMERCE

Neil S. Abbott for the appellant

Applicant (Appellant)

• and -

PAUL CONWAY and 1327266 ONTARIO INC.

Paul Conway (in person)

Respondents (Respondents in Appeal)

Heard: August 13, 2002

On appeal from the order of Justice Anne M. Molloy of the Superior Court of Justice dated July 26, 2001.

A D D E N D U M

BY THE COURT:

[1] Costs submission have been made by the appellant, the respondent choosing not to respond. The appellant is entitled to partial-indemnity costs to the date of the settlement offer and to substantial-indemnity costs thereafter to the conclusion of trial. The Rule 49 offer made before trial does not apply to proceedings in the Court of Appeal. We are not in a position to assess costs for the trial proceedings on the material presented and they will be referred for assessment. We fix the partial-indemnity costs in the Court of Appeal at $15,000 plus disbursements, plus G.S.T.

Released: DEC 17 2002 Signed: “J.J. Carthy J.A.”

JJC “John Laskin J.A.”

“S. Borins J.A.”