CITATION: Mustapha v. Culligan of Canada Ltd., 2007 ONCA 39

DATE: 20070125

DOCKET: C43429

COURT OF APPEAL FOR ONTARIO

RE:

WADDAH MUSTAPHA (AKA MARTIN MUSTAPHA) and LYNN MUSTAPHA (Plaintiff/Respondent) – and – CULLIGAN OF CANADA LTD. (Defendant/Appellant)

BEFORE:

CRONK, BLAIR JJ.A. and THEN J. (ad hoc)

COUNSEL:

Hillel David and Lisa La Horey

for the appellant

Paul J. Pape

for the respondent

HEARD:

June 28, 2006

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

[1] In our decision in this matter, released on December 15, 2006, we ruled that “[t]he costs of the trial are remitted to the trial judge to be fixed.” Counsel have written requesting clarification of that ruling.

[2] This endorsement serves that purpose.

[3] The respondent will pay the costs of the action at trial, to be fixed by the trial judge, if demanded.

“E.A. Cronk J.A.”

“R.A. Blair J.A.”

“Edward Then J. (ad hoc)