DATE: 20031121

DOCKET: C39317

COURT OF APPEAL FOR ONTARIO

RE:

SHERI LYNN BELL (Defendant (Appellant)) – and – MARC PHILLIPPE AUSTIN CORMIER (Plaintiff (Respondent))

BEFORE:

ROSENBERG, GOUDGE AND SHARPE JJ.A.

COUNSEL:

Lorne H. Wolfson and Antonette M. Barreto

for the appellant

Phaedra Klodner

for the respondent

HEARD:

August 15, 2003

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

[1] After reviewing the submissions of the parties concerning costs, it is our view that there should be no costs of the stay application or of the appeal. Arguably, the appellant was successful on the stay application and although he was unsuccessful on the appeal, it was not one that could be said to be frivolous. Given that there are modest resources on both sides and that both parties have a custodial responsibility for the child, neither should have their resources depleted in order to provide costs to the other.

_ “M. Rosenberg J.A.”

“S.T. Goudge J.A.”

_ “Robert J. Sharpe J.A.”