DATE: 20040920

DOCKET: M31455 (C40053)

COURT OF APPEAL FOR ONTARIO

RE: M.J. JONES INC. and MELVIN J. JONES (Plaintiffs (Respondents)) –and– KINGSWAY GENERAL INSURANCE COMPANY, DONALD FISH and D.E. FISH & ASSOCIATES LTD., GARAN, LUCOW, MILLER, P.C. and THOMAS W. EMERY (Defendants (Appellants)(Respondents))

BEFORE: LANG J.A. (in chambers)

COUNSEL: Peter R. Greene for the appellants Garan, Lucow, Miller, P.C. and Thomas W. Emery

John McNeil, Q.C. for the respondents M.J. Jones Inc. and Melvin Jones

Victor T. Bulger for the respondent Kingsway General Insurance Company

John G. Webster for the respondents Donald Fish and D.E. Fish & Associates Ltd.

HEARD: July 14, 2004

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

[1] I have received and considered the costs submissions filed by the parties. In my view, the defendants Garan, Lucow, Miller P.C. and Thomas W. Emery, who succeeded in their motion for a stay, are entitled to partial indemnity costs. Those costs, fixed at $4,000, inclusive of G.S.T. and disbursements, are payable jointly and severally by the plaintiffs M.J. Jones Inc. and Melvin J. Jones and by the defendant Kingsway General Insurance Company.

Signed: “Susan E. Lang J.A.”