DATE: 20050304
DOCKET: C40027
COURT OF APPEAL FOR ONTARIO
LASKIN, ROSENBERG and LaFORME JJ.A.
B E T W E E N :
DONNA LURTZ and MARY LURTZ
Marc J. Somerville Q.C. ,
and Eric Lay
Plaintiffs
for the appellants
(Respondent/
Appellant on cross-appeal)
- and -
CATHERINE DUCHESNE, PHYLLIS HIERLIHY, WILLIAM MORRISH and ADNAN HADZIOMEROVIC
Petra G. Hagen and
Donna M. Crabtree
for the respondent
Defendants
Heard: December 22, 2004
Respondents on cross-appeal
Reasons released:
February 4, 2005
C O S T S
[1] We have reviewed the cost submissions from the parties. Although success was divided, the respondent achieved much greater success. She successfully defended against the main appeal on liability and was successful on the cross-appeal. We therefore do not accept the appellants’ primary submission that there should be no costs of the appeal. However, some allowance should be made for the fact that the appellants had some success on the costs issue and that the premium was cut in half.
[2] This was a complex matter involving a very lengthy record. Given the issues and the amounts at stake, the time expended by counsel in preparation, including the time spent by Ms. Crabtree is reasonable.
[3] Accordingly, the respondent shall have her costs of the appeal and cross-appeal fixed at $40,000 inclusive of GST and disbursements.
Signed: “John I. Laskin J.A.”
“Marc Rosenberg J.A.”
“H.S. LaForme J.A.”