DATE:20051024

DOCKET: M32713 (C42288)

COURT OF APPEAL FOR ONTARIO

IN THE MATTER OF Seven Informations To Obtain Search Warrants Under An Act of Parliament And The Resulting Warrants

AND IN THE MATTER OF An Application For An Order Prohibiting Access To The Disclosure Of Any Information Relating To The Said Warrants, Pursuant To Section 487.3 Of The Criminal Code

AND IN THE MATTER OF A Sealing Order Issued By Judge Dorval On January 21, 2002

RE:

THE OTTAWA CITIZEN GROUP INC. and KATE JAIMET (Appellants) - and -HER MAJESTY THE QUEEN, THE ATTORNEY GENERAL OF CANADA, and THE ATTORNEY GENERAL OF ONTARIO (Respondents)

BEFORE:

MCMURTRY C.J.O., LASKIN and MACPHERSON JJ.A.

COUNSEL:

Richard G. Dearden and Wendy J. Wagner

for the appellants

James W. Leising

for the respondent Attorney General of Canada

Milan Rupic

for the respondent Attorney General of Ontario

HEARD:

Heard: May 3, 2005

On appeal from the order of Justice Catherine D. Aitken of the Superior Court of Justice dated August 3, 2004, affirming the order of Justice Célynne Dorval of the Ontario Court of Justice dated February 9, 2004.

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

[1] We agree with the Ottawa Citizen’s submissions.

[2] The Ottawa Citizen is entitled to its costs of the appeal fixed at $29,856.97 inclusive of disbursements and GST, payable by the Attorney General of Canada.

[3] The Ottawa Citizen is entitled to its costs of the motion fixed at $5,991.03 inclusive of disbursements and GST, payable by the Attorney General of Canada and the Attorney General of Ontario.

“R. Roy McMurtry C.J.O.”

“John Laskin J.A.”

“J. C. MacPherson J.A.”