Court of Appeal for Ontario

Citation: Novakovic v. Kapusniak, 2008 ONCA 503

Date: 2008-06-24

Docket: C43917

Before: Doherty, Borins and Armstrong JJ.A.

Between:

Milivoje Novakovic

Plaintiff (Respondent in Appeal) (Appellant in Cross-Appeal)

and

Irma Kapusniak, Oxton Investments Ltd. and Benton Apartments Limited

Defendants (Appellants in Appeal) (Respondents in Cross-Appeal)

Counsel:

Rodica David, Q.C. and Genevieve Plummer for the appellants in appeal

Esther L. Lenkinski for the respondent in appeal

Heard: January 8, 2008

On appeal from the judgment of Justice F. McWatt of the Superior Court of Justice, dated October 27, 2006, with reasons reported at [2005] O.T.C. 554.

ENDORSEMENT RE COSTS

[1] The bills of costs filed by both counsel are exorbitant and of no assistance to the court.

[2] We propose to make one award of costs which will address the appeal, the cross-appeal and the motions on the cross-appeal. Given the results and the relative amount of work and time that can be reasonably attributed to the various proceedings, the respondent (appellant by cross-appeal) should have costs fixed at $7,000, inclusive of disbursements and GST.

“Doherty J.A.”

“S. Borins J.A.”

“Robert P. Armstrong J.A.”