DATE: 200205

DOCKET: M28025

COURT OF APPEAL FOR ONTARIO

RE: CONSTANTINE GRIMANIS (Responding Party/Applicant/Defendant) -and- MCIVER & MCIVER (Moving Party/Respondent/Plaintiff)

BEFORE: ROSENBERG and FELDMAN JJ.A. and GILLESE J. (ad hoc)

COUNSEL: Thomas R. McIver, for the moving party

James G. Karas, for the responding party

E N D O R S E M E N T

[1] We have reviewed the written submissions concerning costs of the motion for leave to appeal. We have not been persuaded by the moving party’s submissions that costs should not follow the event or that costs should be merely nominal. On the other hand, the responding party’s request for costs in excess of $2,000 is excessive given the nature of the claim and amount in dispute. The responding party shall have his costs of the motion for leave to appeal fixed at $1,400 plus GST.

“M. Rosenberg J.A.”

“K. Feldman J.A.”

“E. Gillese J.A.”