DATE: 20030425

DOCKET: C38289

COURT OF APPEAL FOR ONTARIO

RE:

IVANDAEVA TOTAL IMAGE SALON INC. and DENIS IVANDAEV (Plaintiffs/Respondents) - and - WALTER HLEMBIZKY c.o.b. as DERMOCARE (Defendant/Appellant) ‑ and ‑ ELENA IVANDAEVA (Third Party/Respondent)

AND RE:

DENIS IVANDAEV (Petitioner/Husband/Respondent in Appeal) ‑ and ‑ ELENA IVANDAEVA (Respondent/Wife/Respondent in Appeal)

BEFORE:

O’CONNOR A.C.J.O., LASKIN AND BORINS JJ.A.

COUNSEL:

Mark H. Arnold
for the appellants
Walter Hlembizky and Audrey Hlembizky

M. Michael Title
for the respondent Denis Ivandaev

Michael Krylov
for the respondent Elena Ivandaeva

HEARD:

November 18, 2002

On appeal from the orders of Justice Nancy L. Backhouse of the Superior Court of Justice dated May 24, 2002.

COSTS ENDORSEMENT

[1] Pursuant to reasons for judgment released on March 18, 2003 this appeal was dismissed with costs. We have had the opportunity to review the submissions of the parties with respect to the scale and the amount of costs. Given that counsel for the respondents Ivandaeva Total Image Salon Inc. and Denis Ivandaev provided the court with very little assistance on the issue that was central to the appeal, we fix the costs of these respondents on a partial indemnity scale at $3,000 inclusive of disbursements, plus GST. As the respondent Elena Ivandaeva did not participate in the appeal, she is not entitled to costs.

“Dennis O’Connor A.C.J.O.”

“S. Borins J.A.”

“John Laskin J.A.”