DATE: 20021023
DOCKET: C37160

COURT OF APPEAL FOR ONTARIO

RE: ONTARIO MINISTRY OF HEALTH AND LONG-TERM CARE/ ONTARIO HEALTH INSURANCE PLAN (Appellant) –and– ZOE GEORGIOU, PANAGIOTIS GEORGIOU, DEANNA NATALIE GEORGIOU, JOHNATHON DAVID GEORGIOU, ARIS JOSEPH GEORGIOU, THOMAS THEODORIDIS, EVA THEODORIDIS, CHRISTINE THEODORIDIS and FRANCES KARAKOLIS (Plaintiffs/Respondents)

BEFORE: LASKIN, GOUDGE and ARMSTRONG JJ.A.

COUNSEL: Derek L. Smith, for the appellant Edward A. Ayers, Q.C. and Michael C. Smith, for the respondent

HEARD: April 30, 2002

On appeal from the judgment of Justice Nancy L. Backhouse of the Superior Court of Justice dated September 14, 2001.

E N D O R S E M E N T O N C O S T S

[1] [1] The respondent, the successful party both before Backhouse J. and in this court, has asked us to fix the costs of the motion and of the appeal.

[2] [2] In our view, the costs of the motion is a matter for the motions judge.

[3] [3] We have considered the written submissions of both sides on the costs in this court. In our view, costs should be awarded to the respondent on a partial-indemnity basis. Although we accept that Mr. Ayers and Mr. Smith devoted the time for this appeal each has recorded, we think a fair figure for the respondent’s costs is $7,500 plus assessable disbursements and G.S.T.

Signed: “John Laskin J.A.” “S.T. Goudge J.A.” “Robert P. Armstrong J.A.”