DATE: 20020503
DOCKET: C33317

COURT OF APPEAL FOR ONTARIO

RE:

CECIL ROCHWERG and MYMYK CORP (Plaintiffs/ Defendants by Counterclaim/Respondents) v. PERRY TRUSTER ET AL. (Defendants/Plaintiffs by Counterclaim/ Appellants)

BEFORE:

CHARRON, MacPHERSON and CRONK JJ.A.

COUNSEL:

T. Kerzner, Q.C.

for the appellants

A.M. Robinson and B. D. Moldaver

for the respondents

HEARD:

October 16, 2001

On appeal from the judgment of Justice A. Mandel dated November 18, 1999, reported at (1999), 1999 14935 (ON SC), 1 B.L.R. (3d) 257.

ADDENDUM TO JUDGMENT

[1] [1] Further to the reasons for judgment in this matter issued on April 8, 2002, we have received the Bill of Costs of the appellants and have been informed that the respondents consent to the amount of costs proposed in it.

[2] [2] Having regard to the success on appeal, the Bill of Costs filed by the appellants and the consent of the respondents thereto, we are of the view that the appellants should be awarded their costs on a partial indemnity basis fixed at $13,293.91 inclusive of Goods and Services Tax and disbursements.

[3] [3] We further direct that the first page of the reasons for judgment be amended to add the name of B. D. Moldaver as counsel for the respondents.

Signed - “Louise Charron J.A.”

“J.C. MacPherson J.A.”

“E.A. Cronk J.A.”