DATE: 20040303

DOCKET: C39180

COURT OF APPEAL FOR ONTARIO

RE:

TERESA CADE (Applicant/Respondent) – and – DOUGLAS ROTSTEIN (Respondent/Appellant)

BEFORE:

SHARPE, ARMSTRONG and BLAIR JJ.A.

COUNSEL:

Tracey Foster for the appellant

Jeffery Wilson for the respondent

HEARD:

January 28, 2004

On appeal from the judgment of Justice Thomas M. Wood of the Superior Court of Justice dated October 24, 2002.

E N D O R S E M E N T

[1] We have now received and reviewed the written submissions of the parties with respect to the costs of this appeal.

[2] We are not persuaded that this is a case for substantial indemnity and fix the costs of the appeal in favour of the respondent at $12,500 inclusive of GST and disbursements.

"Robert J. Sharpe J.A."

"Robert P. Armstrong J.A."

"R.A. Blair J.A."