DATE: 20060529

DOCKET: C43423

COURT OF APPEAL FOR ONTARIO

RE:

DEBORAH ESTHER LEWI (Applicant/Respondent/Appellant by way of cross-appeal) – and – HARVEY LEWI (Respondent/ Appellant/Respondent by way of cross-appeal)

BEFORE:

GILLESE, BLAIR and JURIANSZ JJ.A.

COUNSEL:

Philip M. Epstein, Q.C. and Robert M. Wright

for the appellant

D. Smith

for the respondent

HEARD:

October 25, 2005

On appeal from the orders of Justice Margaret Eberhard of the Superior Court of Justice dated February 14, 2005, and March 30, 2005.

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

[1] The majority did not deal with costs in its decision released on May 11, 2006. We do so now having considered the parties’ submissions made at the close of the hearing of the appeal, the general importance of the issues, the limited success achieved by the appellant, and the fact the appellant advanced arguments that were not raised before the motion judge that this court refused to entertain.

[2] The motion judge’s costs order is set aside. The parties will bear their own costs in this court and in the court below.

“R.A. Blair J.A.”

“R.G. Juriansz J.A.”