CITATION: York Condominium Corporation No. 382 v. Jay-M Holdings Limited, 2007 ONCA 225

DATE: 20070329

DOCKET: C44875

COURT OF APPEAL FOR ONTARIO

RE:

YORK CONDOMINIUM CORPORATION NO. 382 (Plaintiff/Appellant) – and - JAY-M HOLDINGS LIMITED and THE CITY OF TORONTO (Defendants/Respondent)

BEFORE:

WEILER, LANG and ROULEAU JJ.A.

COUNSEL:

Warren H. O. Mueller, Q.C.

for the appellant

Susan Ungar and

Christina Pangos

for the respondent

HEARD:

October 17, 2006

On appeal from the order of Justice John D. Ground of the Superior Court of Justice dated January 20, 2006.

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

[1] The decision of this court was released on January 29, 2007.

[2] We have received the cost submission of counsel and considered them. At first instance the parties did not suggest that as this was a case of first impression no costs should be awarded. The respondent claimed and recovered costs in the amount of $10,000. We are of the opinion that the appellant is entitled to its costs at first instance. Consequently, the order awarding $10,000 costs to the respondent is set aside and in its place an order will go awarding the appellant costs of $10,000 all inclusive.

[3] The appellant is also entitled to the costs of this appeal which we hereby fix in the amount of $15,000 all inclusive.

“Karen M. Weiler J.A.”

“S. E. Lang J.A.”

“Paul Rouleau J.A.”