COURT OF APPEAL FOR ONTARIO

DATE: 20040920

DOCKET: C41709

RE: FINEWAY PROPERTIES LIMITED (Applicant/Respondent in Appeal) – and- THE CORPORATION OF THE TOWN OF AJAX (Respondent/Appellant)

BEFORE: MACPHERSON, JURIANSZ JJ.A. and SPEYER J. (Ad hoc)

COUNSEL: Cameron Murkar for the respondent/appellant Leonard Ricchetti and Adrienne Lee for the applicant/respondent

HEARD: September 16, 2004

On appeal from the judgment of Justice Donald R. Cameron of the Superior Court of Justice dated March 25, 2004.

A P P E A L B O O K E N D O R S E M E N T

[1] Whether the test for granting leave to appeal a costs award is that propounded by the appellant or the respondent, we are not persuaded that leave should be granted in this case.

[2] Costs on a partial indemnity scale in favour of the respondent fixed in the amount of $2,500 inclusive of disbursement and GST.

"R.G. Juriansz J.A."