DATE: 20030828

DOCKET: C38073

COURT OF APPEAL FOR ONTARIO

McMURTRY C.J.O., WEILER and MacPHERSON JJ.A.

B E T W E E N:

J. E. R. HARRISON ESTATES LIMITED, JAMES McAPLINE HARRISON, EVELYN BERNICE HARRISON AND JAMES RICHARD HARRISON

C. Scott Ritchie, Q.C. and Janet Allinson for the appellants

Plaintiffs (Respondents)

• and -

1205458 ONTARIO LTD. (IN TRUST), ACCU II DEVELOPMENT CORPORATION, RIVERWOOD GOLF & COUNTRY CLUB INC., AND RIVERWOOD HILL FARMS INC.

W. Peter Murray for the respondents

Defendants (Appellants)

• and -

ELIZABETH MARY HUBBER, LORNE ALFRED HUBBER AND BLAIR HUBBER

Plaintiffs (Respondents)

• and -

1205458 ONTARIO LTD. (IN TRUST), ACCU II DEVELOPMENT CORPORATION AND RIVERWOOD GOLF & COUNTRY CLUB INC.

Defendants (Appellants)

HEARD: May 14, 2003

On appeal from the judgment of Justice T. D. Marshall of the Superior Court of Justice dated March 19, 2002.

ADDENDUM ON COSTS

BY THE COURT:

[1] Having considered the submissions on costs, we are of the view that the respondents should receive their costs on a partial indemnity scale. Accordingly, order to go granting costs to the respondents on a partial indemnity scale fixed at $6,687.50 all inclusive.

RELEASED: August 28, 2003

“R.R.M.”

“R. Roy McMurtry C.J.O.”

“K.M. Weiler J.A.”

“J.C. MacPherson J.A.”