Court of Appeal for Ontario

DATE: 2006-10-12 DOCKET: C44760

RE: YORK REGION VACANT LAND CONDOMINIUM CORPORATION NO. 968 and YORK REGION VACANT LAND CONDOMINIUM CORPORATION NO. 1002, Applicants (Respondents in Appeal) – and - SCHICKEDANZ BROS. LIMITED and YORK REGION COMMON ELEMENT CONDOMINIUM CORPORATION NO. 967, Respondents (Appellants in Appeal)

BEFORE: McMURTRY C.J.O., BLAIR J.A. and CUNNINGHAM A.C.J.S.C.J. (ad hoc)

COUNSEL: Jonathan H. Fine, for the applicants(s) (respondents in appeal) Irving Marks, Shawn Pulver, for the respondent(s) (appellants in appeal)

HEARD: Monday, September 18, 2006

On appeal from the order of Mr. Justice E. Loukidelis dated December 15, 2005 made in Newmarket, Ontario.

COSTS ENDORSEMENT

[1] In our endorsement of September 25, 2006 disposing of the merits of this appeal, we did not deal with the matter of costs of the application in the court below as had been requested by counsel for the appellants. In light of the reasons given for allowing the appeal, the costs order below is set aside and replaced by an order that the appellants herein are entitled to their costs of the application fixed at $10,000 all-inclusive.

"R. Roy McMurtry C.J.O."

"R. A. Blair J.A."

"Cunningham A.C.J.S.C.J."