DATE: 20031015

DOCKET: C40198

COURT OF APPEAL FOR ONTARIO

RE: IN THE MATTER OF THE COMPANIES’ CREDITORS ARRANGEMENT ACT, R.S.C. 1985, c. C-36, AS AMENDED

AND IN THE MATTER OF SECTION 191 OF THE CANADA BUSINESS CORPORATIONS ACT, R.S.C. 1985, c. C-44, AS AMENDED

AND IN THE MATTER OF A PLAN OF COMPROMISE OR ARRANGEMENT OF AIR CANADA AND THOSE SUBSIDIARIES LISTED ON SCHEDULE “A”

APPLICATION UNDER THE COMPANIES’ CREDITORS ARRANGMENT ACT, R.S.C. 1985, c. C-36, AS AMENDED

BEFORE: LASKIN, SHARPE and CRONK JJ.A.

COUNSEL: Frank J.C. Newbould, Michael J. MacNaughton for Global Payments Direct, Inc. and Global Payments Canada Inc. (appellants)

William G. Horton and Linc A. Rogers for CIBC

Peter F.C. Howard and Ashley J. Taylor for Air Canada (respondent)

Peter H. Griffin for Ernst & Young Inc. (Monitor)

Steven G. Golick for GE Capital Canada Inc.

HEARD: July 11, 2003

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

[1] Having received and considered the written submissions of the parties as to the costs of this appeal, we award costs to Air Canada against the appellant Global Payments Canada Inc. on a partial indemnity basis fixed at $46,000 inclusive of disbursements and G.S.T.

“John I. Laskin J.A.”

“Robert J. Sharpe J.A.”

“E.A. Cronk J.A.”