DATE: 20020318
DOCKET: C37211

COURT OF APPEAL FOR ONTARIO

RE:

OPTIMIGHT COMMUNICATIONS, INC (Applicant (Respondent on Appeal) – and – INNOVANCE, INC., PETER ALLEN, ALAN SOLHEIM and DAVID NICHOLSON Respondents (Appellants on Appeal)

BEFORE:

MOLDAVER, SHARPE AND SIMMONS JJ.A.

COUNSEL:

Barbara A. McIsaac, Q.C

For the appellant

John P. Koch

For the respondent

HEARD:

January 11, 2002

RELEASED:

February 19, 2002

On appeal from a judgment of Justice Roydon Kealey dated October 25, 2001

ENDORSEMENT FIXING COSTS

[1] Costs of this appeal were awarded to the appellants in the judgment released February 19, 2002. Both parties filed written submissions concerning the quantum of costs. Taking account of the nature of the appeal and the submissions made, the appellants’ costs are fixed at $10,000, inclusive of the costs of the stay motion, disbursements, and G.S.T.

“M. J. Moldaver J.A.”

“Robert J. Sharpe J.A.”

“Janet Simmons J.A.”