DATE: 20040217

DOCKET: C39248

COURT OF APPEAL FOR ONTARIO

RE: CHARLES BROPHY (Appellant) – and – HEATHER BROPHY (Respondent)

BEFORE: LASKIN, ARMSTRONG and BLAIR JJ.A.

COUNSEL: Leonard Levencrown for the appellant Philip W. Augustine for the respondent

HEARD: December 4, 2003

On appeal from the judgment of Justice Maria T. Linhares de Sousa of the Superior Court of Justice dated December 4, 2002.

S U P P L E M E N T A R Y E N D O R S E M E N T

[1] Mr. Augustine is correct that our reasons did not deal with the costs of the appellant’s unsuccessful stay motion before Labrosse J.A. The costs of that motion were reserved to the panel hearing the appeal. The respondent is entitled to her costs of the motion. We fix those costs in the amount of $5,000 inclusive of disbursements and GST, an amount that Mr. Levencrown acknowledges is reasonable.

“John Laskin J.A.”

“Robert P. Armstrong J.A.”

“R.A. Blair J.A.”