Court of Appeal for Ontario

Date: 2004-12-01
Docket: C39759

Re:
Tsui Lin So and Dennis So (Plaintiffs/Respondents) – and – Wyndham Street Investments Inc., The Corporation of the City of Guelph and Bruce Poole (Defendants/Appellants)

Before:
Moldaver, Sharpe JJ.A. and Killeen J. (Ad hoc)

Counsel:
Andrew J. Heal for Wyndham Street Investments Inc.
Tricia Sinclair for the Corporation of the City of Guelph and Bruce Poole
Hayes Murphy for Tsui Lin So and Dennis So

Heard: October 21, 2004

Endorsement Re Costs

[1] We have now received and reviewed the submissions as to costs. In our view, the respondents are entitled to their costs against the appellant Wyndham Street Investments Inc. fixed at $10,000 inclusive of GST and disbursements. Although the City achieved success on the appeal, its conduct played a key role in fostering the dispute between the appellant Wyndham Street Investments Inc. and the respondents. Accordingly, we are not prepared to give the City the costs it seeks. The City shall have costs against the respondents in the amount of $3,000 inclusive of GST and disbursements.

M.J. Moldaver J.A.

Robert J. Sharpe J.A.

Gordon Killeen J. (ad hoc)