DATE: 20031001 DOCKET: C40231 M30064

COURT OF APPEAL FOR ONTARIO

IN THE MATTER of Land Use Permit No. 16-000222, in respect of public lands described as parts of Lots 27 & 28, Concession III, Drayton Township, North of Patara Lake;

AND IN THE MATTER of the expiry of Land Use Permit No. 16-000222;

AND IN THE MATTER of the Public Lands Act, R.S.O. 1990, c. P. 43, as amended, and regulations thereunder.

RE:

MINISTER OF NATURAL RESOURCES (Respondent (Respondent in Appeal)) - and - DONALD B. MOSHER and LAUREL MOSHER (Applicant (Appellant in Appeal))

BEFORE:

CRONK J.A.

COUNSEL:

Donald B. Mosher, in person

Elaine Atkinson, for the respondent

HEARD:

July 24, 2003

ADDENDUM

[1] Further to my endorsement released on September 3, 2003 in this matter, I have received the written costs submissions of the Minister of Natural Resources. Although provided with an opportunity to do so, the moving party, Donald B. Mosher, has not filed any submissions on costs.

[2] On behalf of the Minister, the Crown seeks its reasonable costs of responding to the unsuccessful stay motion brought by Mr. Mosher. In responding to the motion, the Crown prepared a motion record, including affidavit materials, and a factum. It also appeared before this court by teleconference on three separate occasions concerning the motion. Further, it was ultimately successful in resisting the requested stay.

[3] In my view, the Crown is entitled to costs of the motion on a partial indemnity basis. The Crown seeks costs in that regard in the limited amount of $500. In all the circumstances, I consider that amount to be more than reasonable. Accordingly, the Crown is entitled to its costs of the motion, as sought, in the total amount of $500.

"E.A. Cronk J.A."