DATE: 20030221

DOCKET: C36550

COURT OF APPEAL FOR ONTARIO

CATZMAN, WEILER and ARMSTRONG JJ.A.

B E T W E E N:

CHRISTIE GERDA ROSENECK

Applicant (Respondent)

• and -

WILLIAM GERALD GOWLING

Respondent (Appellant)

Counsel:

James G. McLeod, for the respondent

Hendrick Keesmaat, for the appellant

Heard: October 17, 2002

On appeal from the orders of Justice Patricia Wallace of the Superior Court of Justice dated May 30, 2001.

ADDENDUM

WEILER J.A.:

[1] On December 24, 2002 this court released its reasons in this appeal. On January 24, 2003 an addendum was issued fixing the costs of the appeal, as agreed between the parties, at $6,000. The court has now been asked to fix the costs of the six day trial.

[2] Neither party achieved a result at trial that was more favorable than their respective offers to settle. Roseneck’s ultimate recovery was, however, more favourable than Gowling’s offer to settle and she is therefore entitled to party and party costs throughout, which I would fix in the amount of $30,000 all inclusive.

Released: Feb 21, 2003

“M.A.C.”

Signed: “Karen M. Weiler J.A.”

“I agree M.A. Catzman J.A.”

“I agree Robert P. Armstrong J.A.”