DATE: 20030605

DOCKET: C36296

COURT OF APPEAL FOR ONTARIO

RE: VITTORIO PANZA (Plaintiff/Appellant), and CENTURY 21 ROYAL WINDSOR REALTY INC. (Defendant/Respondent)

BEFORE: SIMMONS, GILLESE and ARMSTRONG JJ.A.

COUNSEL: William G. Dingwall, Q.C. For the appellant

Neil Kredenster For the respondent

HEARD: December 18, 2002

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

[1] The issues raised on this appeal were straightforward. We see no basis for awarding costs on a substantial indemnity basis or in the amount requested by the respondent. The only complicating factor was that it was necessary that supplementary factums be filed concerning an issue not dealt with by the appellant in his original factum. Accordingly, the costs of the appeal are awarded to the respondent and are fixed at $10,000 on a partial indemnity scale, inclusive of G.S.T. and disbursements.

[2] An order shall issue that, upon the respondent filing proof of the quantum of the respondent’s assessed costs of the trial, the balance of funds standing in Court to the credit of this action shall be paid out of court in the following priority: first, to the respondent’s solicitor, in trust, on account of the assessed costs of the trial and the fixed costs of this appeal; and second, in the event that there is any remaining balance following payment of the respondent’s costs, to the appellant’s solicitor, in trust.

“Janet Simmons J.A.”

“E.E. Gillese J.A.”

“Robert P. Armstrong J.A.”