DATE: 20020920 DOCKETS: C37126 and C37128

COURT OF APPEAL FOR ONTARIO

RE: THE CORPORATION OF THE TOWNSHIP OF PUSLINCH (Applicant/Respondent in appeal) –and– 544461 ONTARIO LIMITED and DONALD CLARK (Respondents/Appellants in appeal –and– OLIVE GRAMADA, TED BROWNLEE, MARG BINGHAM, IAN RUSSELL, H. WHEELER, BONNIE OSMOND, FRED KREAGER, LANCE FINORA, TOM McCAULEY, MARGARET MACKIE, NADIA SARTORI, PAUL REYNOLDS, MIKE BAGG, YVETTE BOLZON, LAURA LEE JOHNSTON, MARK MATASSA, MURIEL CLAYTON, DIANE HICKEY, STANLEY AUBE, NOEL WILLIAMSON, ANNA HANLON, ROBERT ADAMSON, ANDY LONG, WILMA MACDONALD, MARJORIE McCARTHY, ANN ROBERTS, GARY McCARTHY, BILL MANDERSON, HAROLD MAILING, JOE LANCASTER and BRIAN HICKEY (Interveners/Appellants)

AND RE: THE CORPORATION OF THE TOWNSHIP OF PUSLINCH (Applicant/Respondent in appeal) –and– 544461 ONTARIO LIMITED and DONALD CLARK (Respondents/Appellants in appeal)

BEFORE: FINLAYSON, CARTHY and LASKIN JJ.A.

COUNSEL: W. Paul Linley, for the interveners/appellants Hayes Murphy, for the applicant/respondent in appeal Malcolm Bennett, for the respondents/respondents in appeal

HEARD: June 25, 2002

On appeal from the order of Justice Casimir N. Herold dated September 17, 2001.

E N D O R S E M E N T O N C O S T S

[1] We have had the benefit of written submissions on costs. We substantially agree with the submissions of Mr. Linley on behalf of the interveners. We therefore order that the Township is entitled to total costs of $10,000 for the two appeals. Of this amount, $7,000 shall be paid by Donald Clark and $3,000 shall be paid by the interveners.

Signed: "G.D. Finlayson J.A." "J.J. Carthy J.A." "John Laskin J.A."