Court of Appeal for Ontario

Citation: Fish & Associates Professional Corporation v. Kippel, 2008 ONCA 168

Date: 20080310

Docket: C47148

Before: WINKLER C.J.O. and CRONK and EPSTEIN JJ.A.

Between:

FISH & ASSOCIATES PROFESSIONAL CORPORATION

Plaintiff (Respondent)

and

FRANK KIPPEL and MICHAEL KIPPEL

Defendants (Appellants)

Counsel:

No one appearing for Frank Kippel

Michael Kippel, in person

Philip C. Polster, for the respondent

On appeal from the order of Justice Romain Pitt of the Superior Court of Justice dated May 22, 2007.

COSTS ENDORSEMENT

[1] Further to the court’s reasons for judgment in this matter issued on December 21, 2007 and February 6, 2008, we have received the written submissions of the respondent on costs. No costs submissions were received from the appellants.

[2] Having regard to the dismissal of this appeal and the unchallenged costs submissions of the respondent, we are of the view that the respondent should be awarded its costs of the appeal on a partial indemnity basis, fixed in the amount of $2,630.78, inclusive of disbursements and G.S.T., and we so order.

“W. Winkler C.J.O.”

“E.A. Cronk J.A.”

“G. Epstein J.A.”