DATE: 20031104

DOCKET: C37288

COURT OF APPEAL FOR ONTARIO

RE: RON GIANCOLA (Plaintiff/Appellant) and JO-DEL INVESTMENTS LIMITED CARRYING ON BUSINESS AS DA VINCI BANQUET HALL & RESTAURANT, VIN-DEL INVESTMENTS LIMITED CARRYING ON BUSINESS AS DA VINCI BANQUET HALL & RESTAURANT, DEL-GER INVESTMENTS LIMITED CARRYING ON BUSINESS AS DA VINCI BANQUET HALL & RESTAURANT and OCRAM FINE FOODS INC. (Defendants/ Respondents)

BEFORE: ROSENBERG, GOUDGE and SHARPE JJ.A.

COUNSEL: Enzo Di Iorio for the appellant Michael E. Caruso for the respondents

HEARD: August 15, 2003

On appeal from the judgment of the Justice Harriet Sachs of the Superior Court of Justice dated the October 22, 2001.

E N D O R S E M E N T RE COSTS

[1] We have now received the written submissions of the parties with respect to costs. In the circumstances of this case, we fix the costs at $3,500 inclusive of G.S.T. and disbursements in favour of the respondent.

“M. Rosenberg J.A.”

“S.T. Goudge J.A.”

“Robert J. Sharpe J.A.”