DATE: 20020607 DOCKET:C35731

COURT OF APPEAL FOR ONTARIO

RE:

JANE HAMILTON (Plaintiff (Respondent)) – AND – OPEN WINDOW BAKERY LIMITED AND GAIL AGASI (Defendant (Appellant))

BEFORE:

ABELLA, GOUDGE AND SIMMONS JJ.A.

COUNSEL:

Paul Gemmik

For the appellant

Susan Heakes

For the respondent

HEARD:

October 23, 2001

On appeal from the judgment of Justice John C. Wilkins dated December 28, 2000.

E N D O R S E M E N T

[1] [1] We have received and considered submissions concerning costs of the appeal and a request to vary our award of costs of the trial. The appellant’s costs of the appeal on a partial indemnity scale are fixed at $7000 inclusive of disbursements and G.S.T. The request to vary our award of costs of the trial is dismissed.

“R. S. Abella J.A.”

“S.T. Goudge J.A.”

“Janet Simmons J.A.”