CITATION: Burtch v. Barnes (Estate), 2007 ONCA 95

DATE: 20070214

DOCKET: C44270

COURT OF APPEAL FOR ONTARIO

RE:

VERA BURTCH and KEN BURTCH (Plaintiffs/Respondents) – and – THE ESTATE OF KYLE BARNES, DECEASED, MARTHA BARNES, HER MAJESTY THE QUEEN IN RIGHT OF THE PROVINCE OF ONTARIO REPRESENTED BY THE MINISTER OF TRANSPORATION FOR THE PROVINCE OF ONTARIO, THE DISTRICT MUNICIPALITY OF MUSKOKA and THE TOWNSHIP OF MUSKOKA LAKES (Defendants) – and – THE DISTRICT MUNICIPALITY OF MUSKOKA (Third Party/Appellant)

BEFORE:

LASKIN, CRONK and LANG JJ.A.

COUNSEL:

Anne E. Spafford

for the appellant, The District Municipality of Muskoka

Roger G. Oatley and Brennan L. Kahler

for the respondent

HEARD & ENDORSED:

February 2, 2007

On appeal from the order of Justice Harry J. Keenan of the Superior Court of Justice, dated September 16, 2005 made at Barrie, Ontario.

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

[1] Success was divided. Therefore, each side should bear its own costs of both the motion and the appeal.

[2] We make no order for costs in this court or before Keenan J.

"John Laskin J.A."

"E.A. Cronk J.A."

"S.E. Lang J.A."