DATE: 20030205

DOCKET:C37971

COURT OF APPEAL FOR ONTARIO

RE: STEPHEN FREEDMAN ET AL. (Plaintiffs) – and – REEMARK STERLING I LIMITED CLARICA TRUSTCO INC. and CLARICA TRUST COMPANY (Defendant/Plaintiff by Cross-claim/Respondent, Defendant/Defendant by Crossclaim/Appellant)

BEFORE: CATZMAN, GOUDGE AND SIMMONS JJ.A.

COUNSEL: Kirk Stevens

for the appellant Clarica Trust Company

Frank J.C. Newbould, Q.C. and Aaron A. Blumenfeld

for the respondent Reemark Sterling I Limited

HEARD: November 26, 2002

On appeal from the judgment of Justice Peter A. Cumming of the Superior Court of Justice dated February 20, 2002.

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

[1] As Reemark Sterling I Limited was completely successful on appeal, it is awarded its costs of the appeal on a partial indemnity basis fixed at $14,000 plus disbursements and applicable G.S.T.

“M.A. Catzman J.A.”

“S.T. Goudge J.A.”

“Janet Simmons J.A.”