DATE: 20020208
DOCKET: C32746

COURT OF APPEAL FOR ONTARIO

FINLAYSON, CATZMAN and BORINS JJ.A.

B E T W E E N:

GEORGE ZRAIK and GRACE COSTA

Peter R. Jervis, for the appellant

Appellant

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LEVESQUE SECURITIES INC. and ALFRED DROSE

Alan A. Farrer and Leah K. Bowness, for the respondents

Respondents

Heard: November 28, 2001

On appeal from the judgment of Justice Todd L. Archibald dated June 17, 1999.

A D D E N D U M O N C O S T S

FINLAYSON J.A.:

[1] I have read the material submitted by the appellant and the respondents on the issue of costs. The increase in the monetary award authorized by this court places the judgment significantly above the appellant’s Offer to Settle of January 22, 1999 provided for in Rule 49 of the Rules of Civil Procedure. Accordingly, the cost disposition below should be varied to provide that the appellant is entitled to his costs on a party-and-party basis up to January 22, 1999 and thereafter on a solicitor-and-client basis.

[2] It is not our practice to apply the provisions of Rule 49 to the awarding of costs in this court. While the respondents argue that success was divided, it appears to me that the increase in the amount of the monetary award more than justified the appeal and entitled the appellant to his entire costs of the appeal. The appellant is entitled to his costs of the appeal on a party-and-party basis.

Released: FEB 08 2002
Signed: GDF

“G.D. Finlayson J.A.”

“I agree: M.A. Catzman J.A.”

“I agree. S. Borins J.A.”