DATE: 20030513
DOCKET: C36509

COURT OF APPEAL FOR ONTARIO

RE: SAMUEL SKURECKI (in his capacity as Estate Trustee of the Estate of Murray Warsh, deceased), ARBORDALE LONE TREE INC., and CROYDON CONSULTANTS INC. (Plaintiff (Respondents)) – and – PHILLIP LITOWITZ, MARC GOLDENBERG, DUNBURY COLORADO INC., and STASHIVER COLORADO INC. (Defendants (Appellants))

BEFORE: WEILER, ROSENBERG and FELDMAN JJ.A.

COUNSEL:
Ronald B. Moldaver Q.C. for the appellants
Robert A. Watson for the respondents

HEARD: March 4, 2003
ENDORSEMENT RELEASED: APRIL 1, 2003

ENDORSEMENT ON COSTS

[1] We have now received the bill of costs from the respondents and submissions from the parties concerning costs. While the trial judge awarded costs on a solicitor-client basis, we have not been persuaded that on appeal the respondents are entitled to costs on a substantial indemnity basis. On the other hand, we agree with the respondents that they are entitled to a significant costs award given the complexity of the matter and the need to respond to a number of issues, some of them very detailed factual issues.

[2] Accordingly, the appellants shall pay to the respondents costs in the amount of $25,000 inclusive of disbursements and GST.

Signed:
"M. Rosenberg J.A."
"K.M. Weiler J.A."
"K. Feldman J.A."