DATE: 20030210

DOCKET: C38204

COURT OF APPEAL FOR ONTARIO

RE: JOSEPH MENEGON (Plaintiff/Appellant) –and– PHILIP SERVICES CORP., SALOMON BROTHERS CANADA INC., MERRILL LYNCH CANADA INC., CIBC WOOD GUNDY SECURITIES INC., MIDLAND WALWYN CAPITAL INC., FIRST MARATHON SECURITIES LIMITED, GORDON CAPITAL CORPORATION, RBC DOMINION SECURITIES INC., TD SECURITIES INC. and DELOITTE & TOUCHE (Defendants/Respondents)

BEFORE: DOHERTY, AUSTIN and CHARRON JJ.A.

COUNSEL: Margaret L. McCarthy and John W. McDonald for the plaintiff (appellant)

Benjamin Zarnett and Jessica Kimmel for the defendants (respondents) the “Canadian Underwriters”

J.L. McDougall, Q.C. and Michael D. Schafler for the defendant (respondent) Deloitte & Touche

HEARD: December 5, 2002

On appeal from the judgment of Justice Arthur M. Gans of the Superior Court of Justice dated March 6, 2001.

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

[1] We have received the written submissions in respect of the quantum of costs. We do not accept the appellant’s contention that this appeal involved a novel issue of law or that it raised a matter of public interest. We do agree, however, that the costs claimed by the respondents are excessive having regard to the nature of the proceedings. We therefore fix the costs on a partial-indemnity basis at $15,000 all inclusive payable to each of the respondents Deloitte & Touche and the Canadian Underwriters.

Signed: “Doherty J.A.”

“Austin J.A.”

“Louise Charron J.A.”