DATE: 20050301

DOCKET: C41422

COURT OF APPEAL FOR ONTARIO

ROSENBERG, MOLDAVER and SIMMONS JJ.A.

B E T W E E N:

JEAN GIROUX, Executor and Trustee for THE ESTATE OF JAMES GIROUX, deceased, JEAN GIROUX personally, GARY GIROUX personally, CATHY CREIGHTON personally, MICHAEL CREIGHTON, CHRISTOPHER GIROUX by his Litigation Guardian Gary Giroux, JESSICA GIROUX by her Litigation Guardian Gary Giroux, and ROBERT CREIGHTON by his Litigation Guardian Cathy Creighton

J. Thomas Curry and

Matthew P. Sammon

for the appellant

William Harvey

Plaintiffs

Sandra Barton

(Respondents)

for the respondents

• and -

TRILLIUM HEALTH CENTRE and WILLIAM HARVEY

Heard: November 29, 2004

Defendants

(Appellant)

Reasons Released:

January 27, 2005

ADDENDUM ON COSTS

[1] We have received and reviewed the submissions of the parties on costs. In our view, the respondents are entitled to costs on a partial indemnity basis fixed at $10,000 inclusive of G.S.T. and disbursements.

“M. Rosenberg J.A.”

“M.J. Moldaver J.A.”

“Janet Simmons J.A.”