COURT OF APPEAL FOR ONTARIO

DATE: 20040427 DOCKETS: M30181, C40053

RE: M.J. JONES INC. and MELVIN J. JONES (Respondents) –and– KINGSWAY GENERAL INSURANCE COMPANY, DONALD FISH and D.E. FISH & ASSOCIATES LTD., GARAN, LUCOW, MILLER, P.C. and THOMAS W. EMERY (Appellants)

BEFORE: McMURTRY C.J.O., CATZMAN and SHARPE JJ.A.

COUNSEL: Peter R. Greene for the appellants Garan, Lucow, Miller, P.C. and Thomas W. Emery John McNeil, Q.C. for the respondents M.J. Jones Inc. and Melvin Jones Victor T. Bulger for the respondent Kingsway General Insurance Company John G. Webster for the respondent D.E. Fish & Associates Ltd.

HEARD: November 4, 2003

E N D O R S E M E N T

[1] The panel has reviewed the costs submissions filed by the parties. In our view, the appellants, who were the responding parties on the motion and who successfully resisted the motion to quash their appeal, are entitled to their costs of the motion on a partial indemnity scale. We fix those costs in the sum of $4,000, inclusive of disbursements and G.S.T.

Signed: "R. Roy McMurtry C.J.O." "M.A. Catzman J.A." "Robert J. Sharpe J.A."