COURT OF APPEAL FOR ONTARIO

2007 ONCA 499

DATE: 20070704

DOCKET: C42803

WEILER, GOUDGE and CRONK JJ.A.

B E T W E E N :

CONSULATE VENTURES INC.

L. David Roebuck and Patrick J. Cotter, for the appellant

Appellant (Plaintiff)

• and -

AMICO CONTRACTING & ENGINEERING (1992) INC., WINDSOR FACTORY OUTLET MALL LTD., and DOMINIC AMICONE

Myron W. Shulgan, Q.C., for the respondent, Windsor Factory Outlet Mall Ltd.

Respondents (Defendants)

Claudio Martini, for the respondents, Amico Contracting & Engineering (1992) Inc. and Dominic Amicone

Heard: December 4 and 5, 2006

On appeal from the judgment of Justice Ellen M. Macdonald of the Superior Court of Justice dated November 19, 2004, and the costs order of Justice Macdonald dated October 6, 2006, with reasons reported at [2004] O.J. No. 4777.

COSTS ENDORSEMENT

[1] On May 1, 2007, the court released its reasons for judgment in this matter, allowing the appeal and directing a new trial in accordance with our reasons. We awarded the appellant, Consulate Ventures Inc., its costs of the appeal, as fixed by this court, and invited written submissions from the parties on the costs of the original trial. We have now received and reviewed the written costs submissions of the appellant and correspondence from the respondents relating to the costs of the first trial.

[2] In accordance with the agreement reached by the parties, the costs of the original trial before Macdonald J. of the Superior Court of Justice are reserved to the judge conducting the new trial that we have ordered.

"K. Weiler J.A."

"S. Goudge J.A."

"E.A. Cronk J.A."