DATE: 20030828

DOCKET: C38104

COURT OF APPEAL FOR ONTARIO

RE: MARK COLE and ALBERTON PROPERTIES INC. (Plaintiffs/Appellants) – and – THE CORPORATION OF THE CITY OF HAMILTON, MARY KISS, MARVIN CAPLAN, ROBERT MORROW, GERALDINE COPPS, LEN KING and PETER LAMPMAN (Defendants/Respondents)

BEFORE: CATZMAN, FELDMAN and GILLESE JJ.A.

COUNSEL: Leonard F. Marsello for the appellants

George H. Rust-D’Eye and Barnet H. Kussner for the respondents

HEARD: July 10, 2003

E N D O R S E M E N T

[1] In our endorsement released on July 14, 2003, we invited counsel to address the costs awarded by Borkovich J. at the conclusion of the lengthy argument of the proceedings before him. We have now received and reviewed the submissions of counsel. We are not persuaded by the appellants’ submission that Borkovich J. erred in principle in exercising his discretion to make the costs order he did, and we therefore decline to interfere with that order.

“M. A. Catzman J.A.”

“K. Feldman J.A.”

“E. E. Gillese J.A.”