DATE: 20020430 DOCKET: C36260
COURT OF APPEAL FOR ONTARIO
RE:
968703 ONTARIO LIMITED, c.o.b. as HEADLINE INDUSTRIES (Plaintiff/Respondent) –and– SPENCER VERNON, YORK SAND AND GRAVEL LIMITED and MARKETPLACE EQUIPMENT LIMITED (Defendants/Appellants)
AND RE:
SPENCER VERNON, YORK SAND AND GRAVEL LIMITED and MARKETPLACE EQUIPMENT LIMITED (Plaintiffs by counterclaim/Appellants) –and– 968703 ONTARIO LIMITED, c.o.b. as HEADLINE INDUSTRIES, ERNEST WILSON and AURORA WILSON (Defendants to counterclaim/Respondent)
BEFORE:
CARTHY, WEILER and CRONK JJ.A.
COUNSEL:
Itzik Basman, for the defendants/appellants/plaintiffs by counterclaim
Charles C. Mark, Q.C., for the plaintiff/respondent/defendant to counterclaim
HEARD:
January 11, 2002
On appeal from the order of the Divisional Court (Justices Theodore P. Matlow, John R. Jennings and Sidney N. Lederman) dated March 23, 2000, varying the judgment of Justice Robert MacKinnon dated June 10, 1998, reported at [1998] O.J. No. 2525.
E N D O R S E M E N T R E C O S T S
[1] We are in receipt of the submissions from the appellants with respect to costs. The respondent put in no response.
[2] Having regard to the submissions made, we would fix costs in the amount of $20,000 plus disbursements and G.S.T.
Signed: “J.J. Carthy J.A.”
“K.M. Weiler J.A.”
“E.A. Cronk J.A.”