DATE: 20050729

DOCKET: C39694

COURT OF APPEAL FOR ONTARIO

RE:

TIJANA WEINGERL (Plaintiff/Respondent) – and – SEUNG-WAN SEO, QUEENSWAY X-RAY & ULTRASOUND CLINIC, COOKSVILLE MEDICAL GROUP, DR. CARLO MEOLA, 620705 ONTARIO INC., and 620705 ONTARIO INC., operating as QUEENSWAY X-RAY & ULTRASOUND Defendants/Appellants/ Respondent)

BEFORE:

SIMMONS and GILLESE JJ.A. and HENNESSY J. (ad hoc)

COUNSEL:

Kirk F. Stevens

for the appellants

James M. Wortzman and Jonathan Kulathungam

for the respondent

HEARD:

October 12, 2004

On appeal from the judgment of Justice Herman J. Wilton-Siegel of the Superior Court of Justice dated February 6, 2003, sitting with a jury.

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

[1] Costs to the appellant are fixed at $10,000, inclusive of GST and disbursements, in light of its substantial success on the appeal.

"Janet Simmons J.A."

"E. E. Gillese J.A."

"P. C. Hennessy J. (ad hoc)"