DATE: 20010115
DOCKETS: C34707, C34708, C34709, C34738, C34739, C34740

COURT OF APPEAL FOR ONTARIO

RE:

Alma Robb as Executrix of the Estate of L. WAYNE ROBB, Deceased, ALMA ROBB, DOUGLAS ROBB, HEATHER ROBB, EDNA ROBB and GEORGE ROBB, Judith Lynne Rintoul as Executrix of the Estate of C. GRAY RINTOUL, Deceased, TRACEY RINTOUL, TREVOR RINTOUL, LYNNE FERREIRA and LISA EDGINGTON, CHRISTOPHER FARROW, also known as CHRISTOPHER LE BLANC, STEPHANIE BEAULIEU and STEVEN FARROW, by their Litigation Guardian, Joanne Farrow, and JOANNE FARROW (Plaintiffs (Respondents to CRCS; and Cross-appellants against CRCS, Ontario and Bayer)) –and– THE CANADIAN RED CROSS SOCIETY, HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO, BAYER CORP. and BAYER INC. (Defendants (CRCS: Appellant against Plaintiffs; Respondent to Cross-appeal by Plaintiffs; Respondent to third-party appeal by Canada; Bayer and Ontario: Respondents to cross-appeal by Plaintiffs)) –and– THE ATTORNEY GENERAL OF CANADA (Third Party (Third-party appellant against CRCS))

BEFORE:

Osborne A.C.J.O., [^1] Catzman and Charron JJ.A.

COUNSEL:

Peter K. Boeckle, Chris Morrison and Allyson Webster for the Canadian Red Cross Society (CRCS)

Ian R. Dick and Farhana Parsons for the Attorney General of Canada (Canada)

Kenneth Arenson for the Estate of L. Wayne Robb, Deceased, Alma Robb, Douglas Robb, Heather Robb, Edna Robb, George Robb, the Estate of C. Gray Rintoul, Deceased, Tracey Rintoul, Trevor Rintoul, Lynne Ferreira, Lisa Edgington, Christopher Farrow, Stephanie Beaulieu, Steven Farrow and Joanne Farrow (Plaintiffs)

Mario Pietrangeli, James V. Maloney and Victor J. Paolone for Her Majesty the Queen in Right of Ontario (Ontario)

Allyn Abbott for Bayer Corp. and Bayer Inc. (Bayer)

HEARD:

in writing

On appeal from the judgment of Justice Ellen M. Macdonald dated March 8, 2001.

ENDORSEMENT ON COSTS

[1] Our reasons for judgment in this appeal were released on November 29, 2001.

[2] In paragraph 213 of our reasons, we noted that counsel had made no submissions respecting the costs of the trial in the event that the appeals by the CRCS and Canada were allowed, and invited the parties to make written submissions regarding such costs.

[3] We have now received and considered the written submissions of the parties, and make the following disposition of the costs at trial:

(a) the Canadian Red Cross Society shall have its costs on a party-and-party scale from the plaintiffs;

(b) there will be no costs to or against Canada; and

(c) there will be no costs to or against Ontario.

[4] We would not disturb the disposition of Bayer’s costs ordered by the trial judge.

Signed: "M.A. Catzman J.A."

"Louise Charron J.A."

[^1]: Osborne A.C.J.O., who retired from the court on September 14, 2001, took no part in the subject of this endorsement.