DATE: 20041125

DOCKET: C38611-C38616-C38624

COURT OF APPEAL FOR ONTARIO

RE:

MORRIS WAXMAN and MORRISTON INVESTMENTS LIMITED (Plaintiffs/Respondents) v. CHESTER WAXMAN, CHESTER WAXMAN in trust, CHESTERTON INVESTMENTS LIMITED, ROBERT WAXMAN, GARY WAXMAN, WARREN WAXMAN, I. WAXMAN & SONS LIMITED, THE GREYCLIFFE HOLDINGS LIMITED, ROBIX FINANCIAL CORPORATION LIMITED, CIRCUITAL CANADA INC., RKW STANDARDBRED ASSOCIATES INC., RKW STANDARDBRED MANAGEMENT INC., and GLOW METAL TRADING INC. (Defendants/Appellants)

A N D

MORRIS WAXMAN and MORRISTON INVESTMENTS LIMITED (Plaintiffs/Appellants) v. TAYLOR LEIBOW, WAYNE LINTON and I. WAXMAN & SONS LIMITED (Defendants/Respondents)

BEFORE:

DOHERTY, LASKIN AND GOUDGE JJ.A.

COUNSEL:

Sandy Di Martino

for Taylor Leibow et al.

Lorne Silver and Gary Graham

for Chester Waxman et al.

Robert Harrison and Gideon Forrest

for Morris Waxman et al.

E N D O R S E M E N T

[1] In our view interest on costs should run from September 29, 2004. Our April 30, 2004, judgment says nothing about entitlement, scale, or amount of costs. Our costs order was made on September 29, 2004.

[2] Nor do we propose to alter the order made by the trial judge and incorporated in our order as it provides for carriage of the reference. This was not argued before us, and as we have said before absent agreement by the parties, this court’s order should modify the trial judgment only where our reasons have affected the judgment.

[3] Finally we do not propose to add anything to each of the orders in the main action and the Taylor Leibow action to reference the other. They are separate actions and Mr. Harrison properly agrees there can be no double recovery.

“Doherty J.A.”

“John Laskin J.A.”

“S.T. Goudge J.A.”