DATE: 20030523

DOCKET: C35463-C37167

COURT OF APPEAL FOR ONTARIO

RE: THE DIRECTOR UNDER THE CONSUMER AND COMMERCIAL RELATIONS ACT, R.S.O. 1990, CHAPTER C. 31 (Applicant/Respondent in Appeal) v. THE TORONTO DOMINION BANK (Respondent/Appellant) – and – THE ATTORNEY GENERAL OF CANADA (Respondent/Appellant) v. NRS MISSISSAUGA INC. AND OTHERS AS SET OUT IN SCHEDULE “A” TO THE NOTICE OF APPLICATION IN THIS MATTER (Respondents)

BEFORE: O’CONNOR A.C.J.O., CATZMAN and DOHERTY JJ.A.

COUNSEL: Colin Taylor for the respondent/appellant, Toronto Dominion Bank

Nancy Arnold and Peter Vita for the respondent/appellant, Attorney General of Canada

William Manuel for the applicant/respondent, the Director

J. Gardner Hodder and M.K. Shaw for trust claimants, DeLuca and Lin

HEARD: September 4, 2002

On appeal from a judgment of Justice Paul Lamek of the Superior Court of Justice dated November 7, 2000, reported at (2000), 2000 22625 (ON SC), 194 D.L.R. (4th) 527.

A D D E N D U M

[1] We agree with paragraphs 2 to 4 of the Director’s submissions on costs. Each party should bear its own costs of the application and the appeal.

“Dennis O’Connor A.C.J.O.”

“M.A. Catzman J.A.”

“Doherty J.A.”