DATE: 20050106

DOCKET: C35654

COURT OF APPEAL FOR ONTARIO

RE:

THOMAS PIRNER (Applicant/Respondent) –and- DIANE MARION PIRNER (Respondent/Appellant)

BEFORE:

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

COUNSEL:

John Legge

for the appellant

Milton Bernstein

for the respondent

HEARD:

October 17, 2005

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

[1] Both the appeal and cross-appeal were dismissed. We have received and considered the parties’ written submissions on costs.

[2] The appellant seeks only the $2,777.15 costs of the transcripts she ordered for the appeal. The respondent submits first, that not all transcripts were necessary for the argument of the appeal and second, that the respondent bore the cost of some of the transcripts.

[3] After considering the parties’ divided success and the issues on the appeal and the cross-appeal, we are of the view that the parties should bear their own costs.