COURT OF APPEAL FOR ONTARIO
DATE: 2003-09-03
DOCKETS: C37306 and C35732
BEFORE: Carthy, Charron and Rosenberg JJ.A.
B E T W E E N:
DALIMPEX LTD.
Plaintiff (Appellant)
- and -
ANDRZEJ JANICKI, AGROS TRADING SPOLKA Z.O.O. also known as AGROS TRADING CO. LTD., also known as AGROS TRADING COMPANY LIMITED, and AGROPOL INTERNATIONAL TRADE LTD.
Defendants (Respondents)
A N D B E T W E E N:
AGROS TRADING SPOLKA Z.O.O.
Applicant (Respondent)
- and -
DALIMPEX LTD.
Respondent (Appellant)
COUNSEL:
Marek Z. Tufman, for the appellant
J. Brian Casey, for the respondents
HEARD: March 21, 2003
On appeal from the judgment of the Divisional Court (Justices James D. Carnwath, Ted Matlow and Anne M. Molloy) released June 27, 2000 and reported at [2000] O.J. No. 2927, and from the judgment of Justice Harry J. Keenan of the Superior Court of Justice dated October 11, 2001 and reported at 14 C.P.C. (5th) 134.
ADDENDUM
[1] Further to the release of the judgment in these two proceedings, we have received the respondent’s written submissions on costs. The appellant has elected not to file submissions in response.
[2] There is no reason why the respondents should not be awarded their costs in respect of both appeals. We hereby fix those costs at $50,000 all inclusive. This award includes the costs on the leave application, the application to introduce fresh evidence and both appeals.
Released: JJC SEP 03 2003
Signed: "Louise Charron J.A." "J.J. Carthy J.A." "M. Rosenberg J.A."