DATE: 20021210
DOCKET: C36304

COURT OF APPEAL FOR ONTARIO

RE:

ONTARIO NEW HOME WARRANTY PROGRAM (Appellant) - and - ALLEN and NANCY SINGER (Respondents)

BEFORE:

ROSENBERG, FELDMAN and GILLESE JJ.A

COUNSEL:

James C. Tory and John Terry

For the appellant

Kevin D. Sherkin and John Melia

For the respondent

HEARD:

February 25, 2002

REASONS RELEASED:

October 2, 2002

ENDORSEMENT

[1] The appellant wrote to the court after receipt of the Reasons for Judgment to ask the court to reconsider part of its decision. After considering the submissions on behalf of both parties, there will be no change to the Reasons for Judgment as issued.

[2] The parties also made written submissions with respect to costs. Costs to the respondents are fixed at $3,000 for leave to appeal the motion, $14,000 for fees on the appeal plus disbursements claimed in the amount of $808.35, plus G.S.T.

Signed: "Marc Rosenberg J.A."

"K. Feldman J.A."

"E.E. Gillese J.A."