DATE: 20050627

DOCKET: C40260

COURT OF APPEAL FOR ONTARIO

RE:

STEPHANIE SUZANNE WALKER, GARY WALKER, ROSEMARY WALKER, LAURA WALKER, ALYSSA WALKER and CHRISTINE WALKER, an infant, by her Litigation Guardian GARY WALKER (Plaintiffs/Respondents)

-and- DONALD J. RITCHIE, HAROLD MARCUS LIMITED and THE WAWANESA MUTUAL INSURANCE COMPANY (Defendants/Appellants)

AND RE:

STEPHANIE SUZANNE WALKER, GARY WALKER and ROSEMARY WALKER (Plaintiffs/Respondents) –and- THE WAWANESA MUTUAL INSURANCE COMPANY (Defendant/Appellant)

BEFORE:

CATZMAN, GILLESE and LANG JJ.A.

COUNSEL:

Earl A. Cherniak, Q.C. and Andra L. Maxwell

for the appellants

Ronald G. Slaght, Q.C. and Elizabeth Bowker

for the respondents

HEARD:

December 7 and 8, 2004

On appeal from the judgment of Justice John H. Brockenshire of the Superior Court of Justice dated February 27, 2004.

C O S T S E N D O R S E M E N T

[1] In the court’s reasons for judgment in this appeal, we determined that the respondents were entitled to their costs of this appeal, and invited counsel (if they were unable to agree on the quantum of costs) to file brief submissions on that subject.

[2] Having received and considered such submissions, it is our view that the appropriate quantum of costs to be awarded is the total of $50,000 for fees plus disbursements and GST, and we order accordingly.

Signed : “M.A. Catzman J.A.”

“E.E. Gillese J.A.”

“S.E. Lang J.A.”