DATE: 20061211

DOCKET: C44937

COURT OF APPEAL FOR ONTARIO

RE:

PIPELINE MECHANICAL SERVICES LTD. (Plaintiff (Respondent)) v. METRO CAPITAL MANAGEMENT INC. (Defendant (Appellant))

BEFORE:

O’CONNOR A.C.J.O., CRONK and LANG JJ.A.

COUNSEL:

Berkley D. Sells and Karen A. La Caprara for the appellant

Sean E. Cumming for the respondent

HEARD & RELEASED ORALLY:

September 12, 2006

On appeal from the judgment of Justice E. Eva Frank of the Superior Court of Justice dated November 10, 2005, January 23, 2006 and February 6, 2006.

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

[1] We have reviewed the costs submissions with respect to the proceedings below. We direct that the respondent on the appeal pay the successful appellant $5,000, inclusive of disbursements and GST for those costs.

“Dennis O’Connor A.C.J.O.”

“E.A. Cronk J.A.”

“S.E. Lang J.A.”