COURT OF APPEAL FOR ONTARIO

RE:

LIANI GONAWATI (Respondent) -and- THORDUR HELGI TEITSSON (Appellant)

BEFORE:

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

COUNSEL:

Joseph Markin,

for the appellant

Herschel Fogelman,

for the respondent

HEARD:

February 27, 2002

On appeal from the judgment of Justice Lucien A. Beaulieu dated August 10, 2000.

ENDORSEMENT ON COSTS

[1] We have reviewed the written submissions of the parties concerning costs. We do not accept the submissions of the appellant. The usual rule that costs follow the event applies. However, we do not accept the submission of the respondent that the conduct of the appellant in the prosecution of the appeal was so egregious that costs should be awarded on a substantial indemnity basis. In particular, we do not accept that the appeal was vexatious or completely devoid of merit.
[2] Accordingly, the respondent shall have her costs of the appeal (including fees and disbursements) fixed at $8,500 plus GST.
“Rosenberg J.A.”
“Feldman J.A.”
“Gillese J.A”.