DATE: 20030514
DOCKET: C36688
COURT OF APPEAL FOR ONTARIO
RE: MEDITRUST HEALTHCARE INC. (Plaintiff/Appellant) –and– SHOPPERS DRUG MART, a Division of IMASCO RETAIL INC., SHOPPERS DRUG MART LIMITED, DAVID BLOOM, ARTHUR KONVISER, LAWRENCE ROSEN, THE SOCIETY FOR CONCERNED PHARMACISTS, GLORIA ANDERSON, CAROLINE BEDARD SMITH, THE METROPOLITAN TORONTO PHARMACISTS’ ASSOCIATION, RUTH MALLON, SAM HIRSCH, CANADIAN PHARMACEUTICAL ASSOCIATION, LEROY FEVANG, ONTARIO PHARMACISTS’ ASSOCIATION and CANADIAN ASSOCIATION OF CHAIN DRUG STORES (Defendants/Respondents)
BEFORE: CARTHY, WEILER and LASKIN JJ.A.
COUNSEL: Ronald D. Manes, David M. Golden and Duncan N. Embury, for the appellant Mark A. Gelowitz, for the respondent Shoppers Drug Mart Ed Morgan, for the respondent Lawrence Rosen Rochelle Fox, for the respondent Sam Hirsch Cheryl M. Woodin, for the respondent Canadian Pharmaceutical Association
HEARD: January 11 and 14, 2002
On appeal from the judgment of Justice Anne Molloy of the Superior Court of Justice, dated July 6, 2001.
ENDORSEMENT ON COSTS
[1] We have reviewed counsels’ correspondence on the issue of costs and on whether clarification of our reasons is required. We respond as follows.
Success on the appeal was divided. We therefore order no costs of the appeal.
We agree with counsel for Shoppers that the parties should settle this court’s order in accordance with rule 59.04 of the Rules of Civil Procedure. Clarification of our reasons is not required.
“J.J. Carthy J.A.”
“K.M. Weiler J.A.”
“John Laskin J.A.”