CITATION: Temple Kol Ami v. Elm Thornhill Woods Inc., 2008 ONCA 637

DATE: 20080919

DOCKET: C47846

COURT OF APPEAL FOR ONTARIO

DOHERTY, BORINS AND MACFARLAND JJ.A.

BETWEEN:

TEMPLE KOL AMI

Applicant (Respondent in Appeal)

And

ELM THORNHILL WOODS INC.

Respondent (Appellant)

AND

BETWEEN:

ELM THORNHILL WOODS INC.

Counter Applicant (Respondent by cross-appeal)

And

TEMPLE KOL AMI and BAF MANAGEMENT LTD.

Respondents to Counter Application (Cross-appellant)

Chris G. Paliare and Francis Roy for the appellant and respondent by cross-appeal

Bryan Finlay, Q.C. and Harry Perlis for the respondent and cross-appellant Temple Kol Ami

Heard: January 9, 2008

On appeal from the judgment of Justice Beth Anna Allen of the Superior Court of Justice dated September 18, 2007, with reasons reported at [2007] O.J. No. 3532.

COSTS ENDORSEMENT

[1] Having received counsels’ submissions on costs, the costs of the appeal and cross-appeal are to the respondent (appellant-by-cross-appeal) on a partial indemnity basis fixed in the sum of $27,500.00 inclusive of disbursements and GST.

“MacFarland J.A.”

“Doherty J.A.”

“S. Borins J.A.”