DATE: 20050916

DOCKET: C42118

COURT OF APPEAL FOR ONTARIO

RE:

1387881 ONTARIO INC. (Applicant/Appellant) –and- ANITA JOYCE RAMSAY, JAMIE ANN MORRISON, WILLIAM MILLER LAWRANCE, RITA ANN LAWRANCE, LINDA JOHNSTON, LOIS LAMOTHE, AND MARK SMITH (Respondents/Respondents in Appeal)

BEFORE:

MCMURTRY C.J.O., CATZMAN and LANG JJ.A.

COUNSEL:

Donald J. Lange

for the appellant

Andrew Mae and Don Perry

for the respondents

HEARD:

REASONS RELEASED:

January 11, 2005

June 30, 2005

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

[1] At the conclusion of the reasons for judgment in this appeal, we invited the parties to make brief submissions on costs through the court office. We have now received such submissions.

[2] In the application judge’s reasons, he awarded costs to the respondents and similarly invited the parties to make submissions to him.

[3] The submissions filed with this court sought costs in respect of both the application and the appeal. We are not prepared to determine the quantum of costs payable in respect of the application. With respect to those costs, the parties should make submissions to the application judge, as he invited them to do.

[4] The respondents’ bill of costs on the appeal is calculated on a substantial indemnity basis. Many of the items claimed are not appropriate for costs on a partial indemnity basis, which we consider to be the proper basis on which costs should be paid. Accordingly, we have reduced the costs on the appeal to a figure we consider consonant with costs on a partial indemnity basis, and we fix the costs of the respondents in the amount of $15,000.00, inclusive of disbursements and GST.