DATE: 20020527 DOCKET: C36680

COURT OF APPEAL FOR ONTARIO

RE:

THE PUBLIC SERVICE ALLIANCE OF CANADA (Applicant/ Respondent in appeal) –and– NAV CANADA (Respondent/Appellant)

BEFORE:

McMURTRY C.J.O., CATZMAN J.A. and GILLESE J. (ad hoc)

COUNSEL:

John C. Murray and Jay Shore, for the appellant/respondent by cross-appeal

David Yazbeck, for the respondent/appellant by cross-appeal

HEARD:

March 4, 2002

On appeal from the judgment of the Divisional Court (Justices James Southey, Jeffrey Flinn and Lawrence Kozak) dated February 8, 2001 and reported at [2001] O.J. No. 692.

E N D O R S E M E N T

[1] [1] The reasons for judgment in connection with this appeal, released on April 19, 2002, ordered that the appellant was entitled to its costs in the Divisional Court and in this court, and invited counsel to make brief written submissions with respect to the amount of such costs.

[2] [2] We have now received and considered such submissions, and make the following disposition of the costs to which the appellant is entitled:

(a) of the application to the Divisional Court, the sum of $2,500, as agreed between the parties;

(b) of the motion for leave to appeal to this court, the sum of $1,500 plus disbursements and G.S.T.; and

(c) of the appeal to this court, the sum of $12,500 plus disbursements and G.S.T.

Signed: “R.R. McMurtry C.J.O.”

“M.A. Catzman J.A.”

“E.E. Gillese J.A.”