DATE: 20030620

DOCKET: C38017

COURT OF APPEAL FOR ONTARIO

RE: 1397633 ONTARIO INC. (Applicant/Respondent in Appeal) and OXFORD PROPERTIES GROUP INC. and PATRIA PROPERTIES INC. (Respondents/Appellants)

BEFORE: SIMMONS, GILLESE and ARMSTRONG JJ.A.

COUNSEL: Sharon M. Addison For the appellants

Maurice J. Neirinck For the respondent

HEARD: December 20, 2002

C O S T S E N D O R S E M E N T

[1] All parties agree that the costs of the appeal and of the original application should be awarded on a partial indemnity basis. We accept that submission.

[2] We also accept the subtenant’s submission that a fair assessment of the landlord’s costs of the original application would be the costs award made in the first instance by the application judge in favour of the subtenant (the applicant on the original application). Further, given the narrow issues on appeal, and the limited evidence filed on the original application, we accept the subtenant’s submission concerning the costs of the appeal.

[3] Accordingly, costs of the original application are awarded to the appellants on a partial indemnity basis fixed at $3,210 plus disbursements and applicable G.S.T. and costs of the appeal are awarded to the appellants fixed at $6,500 inclusive of disbursements and G.S.T.

"Janet Simmons J.A."

"E.E. Gillese J.A."

"Robert P. Armstrong J.A."