DATE: 20021030 DOCKET: C36373

COURT OF APPEAL FOR ONTARIO

RE: STEVE WONG REAL ESTATE LIMITED (Appellant) - and - STOCKTON & BUSH ACQUISITION CORP. (Respondent)

BEFORE: WEILER, ROSENBERG and FELDMAN JJ.A.

COUNSEL: Martin Teplitsky for the appellant Morris Cooper for the respondent

HEARD: SEPTEMBER 10, 2002

E N D O R S E M E N T ON COSTS OF THE APPEAL

[1] We have reviewed the written submissions on costs in this matter. We agree in part with the submissions of the appellant. In particular, we are of the view that some of the time claimed for preparation was excessive given the issues raised in the appeal. Accordingly, the costs payable by the appellant to the respondent are fixed at $12,000 inclusive of disbursements and GST.

Signed: "K.M. Weiler J.A." "Marc Rosenberg J.A." "K. Feldman J.A."