DATE: 20030917

DOCKET: C35657

COURT OF APPEAL FOR ONTARIO

RE:

DUCA COMMUNITY CREDIT UNION (Plaintiff (Appellant)) – and – BENITO GIOVANNOLI, SAME STABILE, SARTAN MANUFACTURING LIMITED, MATER TUBE MANUFACTURING (1993) LTD., 580129 ONTARIO LIMITED, TONY VALENTI, MARIO DONATELLI, GIOVANNOLI INVESTMENTS LTD., JULSTA INVESTMENTS LTD. and CLIFFORD HEMMING (Defendants (Respondents: Benito Giovannoli, Sam Stabile, 580129 Ontario Limited, Julsta Investments Ltd. and Clifford Hemming)

BEFORE:

ABELLA, BORINS and ARMSTRONG JJ.A.

COUNSEL:

Natalie Marconi,

for the appellant

Philip Healey,

for the respondents Benito Giovannoli, Sam Stabile, 580129 Ontario Limited, Giovannoli Investments Ltd., Julsta Investments Ltd.

Carmen M. Bush,

for the respondent Clifford Hemming

HEARD:

May 14, 2003

On appeal from the judgment of Justice Ruth E. Mesbur dated April 10, 2000 made at Toronto and the Order for costs dated December 15, 2000.

ADDENDUM ON COSTS

[1] We think this is an appropriate case for costs to be awarded on a partial indemnity basis. In our view, however, the costs sought by the respondents are excessive. Costs are fixed in the total amount of $17,500 for the respondents Benito Giovannoli, Sam Stabile, 580129 Ontario limited, and Julsta Investments Ltd, and $10,000 for the respondent Clifford Hemming.

“R.S. Abella J.A.”

“S. Borins J.A.”

“Robert P. Armstrong J.A.”