Court of Appeal for Ontario

CITATION: Aiken Bros. Hardware Limited v. Sargeant, 2008 ONCA 166

DATE: 20080307

DOCKET: C43365

LASKIN, GOUDGE and FELDMAN JJ.A.

BETWEEN:

AIKEN BROS. HARDWARE LIMITED

Plaintiff (Respondent)

and

JEAN ELIZABETH SARGEANT, JOHN SLOAN SARGEANT, TIMOTHY FIEGEHEN, operating as TAF CONTRACTING and ROYAL BANK OF CANADA

Defendants (Appellants)

AND BETWEEN:

GREG BRADY CONSTRUCTION LTD.

Plaintiff (Respondent)

and

JEAN ELIZABETH SARGANT, JOHN SLOAN SARGEANT, and TIM FIEGEHEN CARRYING ON BUSINESS AS TAF CONTRACTING and ROYAL BANK OF CANADA

Defendants (Appellants)

Michael Woods for the appellants

Ross H. Thomson for the respondents

Heard: September 14, 2005

On appeal from the judgment of the majority of the Divisional Court of the Superior Court of Justice of Ontario dated April 26, 2004 made at Brampton, Ontario.

COSTS ENDORSEMENT

[1] We have considered the written submissions of the parties. We do not agree with the position of the respondents that there be no costs of the appeal in this court or in the Divisional Court. The appellants succeeded on the appeal and are entitled to their costs on a partial indemnity basis.

[2] That said, we think that in all the circumstances, including the amount in issue, a fair figure for the costs of the appeal in this court, including the motion for leave to appeal, is $7,000, inclusive of G.S.T. and disbursements.

[3] The appellants are also entitled to their costs of the appeal in the Divisional Court, which we fix at $3,500 (the amount awarded by the majority to the respondents).

[4] We also restore the costs order of O’Connor J. in the amount of $1,000.

[5] Finally, we express our apology to the parties for the delay in delivering this endorsement.

“John Laskin J.A.”

“S.T. Goudge J.A.”

“K. Feldman J.A.”