DATE: 20050120

DOCKET: C41890

COURT OF APPEAL FOR ONTARIO

RE:

THE CORPORATION OF THE CITY OF WINDSOR, THE CORPORATION OF THE COUNTY OF ESSEX, ESEX-WINDSOR SOLID WASTE AUTHORITY and TRANSIT WINDSOR (Moving Parties) – and – MFP FINANCIAL SERVICES LIMITED, DAVID ROBSON, MFP STRUCTURED FINANCE LTD., BO PELECH, ROBIN WILKINSON, PETER WOLFRAIM, MONTREAL TRUST COMPANY OF CANADA, TRUSTEE FOR LEASING-INFRASTRUCTURE FINANCING TRUST 1, CLARICA LIFE INSURANCE COMPANY, SUN LIFE ASSURANCE COMPANY OF CANADA, CIBC MELLON TRUST COMPANY, TAMS FIRST LIMITED PARTNERSHIP, and AZTEC LIMITED PARTNERSHIP and BONDY RILEY KOSKI STEWART (Respondents)

BEFORE:

MOLDAVER, SHARPE JJ.A. and KILLEEN J. (Ad hoc)

COUNSEL:

Paul J. Pape, for the appellants

Harry Underwood and Christopher Wayland, for the respondents, MFP Financial Services, MFP Structured Finance, R. Wilkinson, P. Wolfraim, TAMS First Limited Partnership and Aztec Limited Partnership

Peter Wardle and Daniel Bernstein for the respondents Bondy Riley Koski Stewart

HEARD:

October 22, 2004

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

[1] We have now received written submissions as to costs and make the following order.

[2] We make no order as to the costs of the motion before Brockenshire J. No submissions as to costs were made to Brockenshire J., nor was the issue of costs of the motion raised on appeal to the Divisional Court.

[3] The Divisional Court’s order as to the costs of the appeal before it stands.

[4] We fix the costs of the appeal to this court of the MFP respondents and of the respondents Bondy Riley at $10,000 each, inclusive of disbursements and GST.

“M.J. Moldaver J.A.”

“Robert J. Sharpe J.A.”

“Gordon Killeen J. (Ad hoc)”