COURT OF APPEAL FOR ONTARIO

DATE: 2003-01-30 DOCKET: C36750, C36783 & C36858

RE:

SANDRA MAY BOTTAN, JOHN BOTTAN and 906630 ONTARIO INC. carrying on business as THE REAR VIEW MIRROR (Appellants/Plaintiffs)

• and - ERNIE VROOM and PARLIAMENT STREET HOLDINGS (Respondents/Defendants/Plaintiffs By Counterclaim)
• and - SANDRA MAY BOTTAN, JOHN BOTTAN, ANTONIO BOTTAN And 906630 ONTARIO INC. carrying on business as THE REAR VIEW MIRROR (Appellants/Defendants to Counterclaim)

BEFORE:

ROSENBERG, FELDMAN and GILLESE JJ.A

COUNSEL:

Harvey Stone for the Appellants, Antonio Bottan and the Rear View Mirror

Sandra Bottan appearing in person

Lawrence G. Theall for the Respondents, Ernie Vroom and Parliament Street Holdings Ltd.

HEARD:

February 27 and March 1, 2002

ENDORSEMENT RE COSTS

[1] On April 17, 2002, we dismissed the appellants' appeals from two orders of Nordheimer J. In our endorsement, we invited the parties to make brief written submissions concerning costs. Counsel for the appellants Antonio Bottan and Rear View Mirror made brief submissions but also indicated that his retainer had been terminated and that Mr. Bottan may need additional time to retain counsel or make further submissions. We have not received any further submissions on behalf of Mr. Bottan and Sandra Bottan has not made any submissions.

[2] The respondents seek a total of $44,648.23 on account of fees, disbursements and GST for the appeal, the fresh evidence application and for two motions for which they were awarded costs. In our view, the costs sought for this appeal are excessive given the issues involved and that counsel for the respondents had acted for them throughout in the many proceedings in the Superior Court of Justice.

[3] Accordingly, we would fix the costs of the appeal and the fresh evidence application at $15,000 inclusive of GST and disbursements, the costs of the motion before Goudge J.A. at $3,500 inclusive of GST and disbursements and of the motion before Simmons J.A. at $3,000 inclusive of GST and disbursements. In the result, the appellants shall pay costs to the respondents on a partial indemnity basis fixed at $21,500.

Signed: "M. Rosenberg J.A." "K. Feldman J.A." "E.E. Gilese J.A."