DATE: 20020909 DOCKET: C36517

COURT OF APPEAL FOR ONTARIO

RE: TRANSPORT NORTH AMERICAN EXPRESS INC. (Applicant(Appellant) - and - NEW SOLUTIONS FINANCIAL COPORATION (Respondent(Respondent))

BEFORE: ROSENBERG, FELDMAN and SHARPE JJ.A.

COUNSEL: Steven L. Graff, for the appellant

Milton M. Chambers, for the respondent

HEARD: February 4, 2002

E N D O R S E M E N T

ON COSTS OF THE APPEAL

[1] On June 17, 2002, the court released its reasons for judgment in this matter. A majority of the court allowed the appeal with costs. The appellant was given seven days to submit a bill of costs and the respondent was to respond within seven days thereafter. Counsel for the appellant provided a bill of costs on June 24, 2002. There have been no responding submissions from the respondent despite several messages having been left with his office.

[2] Accordingly, we have decided to proceed with the assessment of costs based on the bill of costs of the appellant. The appellant is entitled to its costs on the partial indemnity scale fixed at $11,642,36 inclusive of GST and disbursements.