DATE: 20020425
DOCKET: C35155

COURT OF APPEAL FOR ONTARIO

CHARRON, MacPHERSON and CRONK JJ.A.

B E T W E E N :

DURHAM CONDOMINIUM CORPORATION NO. 123

Patricia M. Conway, for the Appellant

Appellant (Respondent)

• and -

Alan S. Price and Peter A. Simm, for the Respondents

AMBERWOOD INVESTMENTS LIMITED and 1018898 ONTARIO INC.

Respondents (Applicants)

Heard: October 18 and 19, 2001

On appeal from the decision of Justice David G. Stinson dated September 12, 2000 (reported at (2000), 2000 22699 (ON SC), 50 O.R. (3d) 670).

ADDENDUM ON COSTS

CHARRON and CRONK JJ.A.:

[1] Further to the majority reasons for judgment in this matter issued on March 20, 2002, we have received the written submissions of the parties on costs.

[2] Having regard to the success on appeal, the complexity and novelty of the issues, the equities between the parties and the Bill of Costs filed by the respondents, we are of the view that the respondents should be awarded their costs on a partial indemnity basis fixed at $38,000 all inclusive.

"Louise Charron J.A."

"Eleanore E. Cronk J.A."