Court of Appeal for Ontario

Citation: TeleZone Inc. v. Canada (Attorney General), 2009 ONCA 91

Date: 2009-01-30

Docket: C48185, C46569, C47300 & C46073

Before: Laskin, Borins and Feldman JJ.A.

C48185

Between

TeleZone Inc.

Plaintiff (Respondent)

and

The Attorney General of Canada

Defendant (Appellant)

Counsel: Thomas L. James, Karen Lovell and Dale Yurka for the appellant Peter F.C. Howard, Eliot N. Kolers and Patrick J. Monahan for the respondent

Heard: October 20, 2008

On appeal from the order of Justice Geoffrey B. Morawetz of the Superior Court of Justice dated December 5, 2007, with reasons reported at 2007 ON SC 52788, 88 O.R. (3d) 173.

C46569

And Between

G-Civil Inc.

Plaintiff (Appellant)

and

Her Majesty the Queen in Right of Canada, as represented by the Minister of Public Works and Government Services Canada

Defendant (Respondent)

Counsel: Marc C. Doucet for the appellant Robert MacKinnon and Richard Casanova for the respondent

On appeal from the order of Justice Denis J. Power of the Superior Court of Justice dated December 22, 2006, with reasons reported at (2006), 58 C.L.R. (3d) 86.

C47300

And Between

Fielding Chemical Technologies Inc.

Plaintiff (Respondent)

and

The Attorney General of Canada

Defendant (Appellant)

Counsel: Patrick Bendin for the appellant John Terry and Andrew Finkelstein for the respondent

On appeal from the order of Justice Ellen Macdonald of the Superior Court of Justice dated May 25, 2007, with reasons reported at (2007), 30 C.E.L.R. (3d) 281.

C46073

And Between

Michiel McArthur, Margaret Wilkinson and Mikkala Wilkinson, a minor by her Litigation Guardian Margaret Wilkinson

Plaintiff (Appellant)

and

The Attorney General of Canada and Her Majesty the Queen in Right of the Province of Ontario as represented by the Solicitor General for the Province of Ontario and James Blackler, also known as Jim Blackler

Defendants (Respondents)

Counsel: John A. Ryder-Burbidge for the appellant Derek Rasmussen for the respondents

On appeal from the order of Justice Kenneth E. Pedlar of the Superior Court of Justice dated September 21, 2006.

Costs Endorsement

[1] Following costs submissions from the successful parties, counsel have agreed to costs in all four appeals.

[2] All costs will be on a partial indemnity scale. TeleZone Inc. will have costs of $30,000 inclusive of G.S.T., plus disbursements of $2,058.90 inclusive of G.S.T. G-Civil Inc. will have costs of the appeal of $15,824.01, inclusive of disbursements, plus G.S.T., and costs of the motion of $7,313.88 inclusive of disbursements, plus G.S.T. Fielding Chemical Technologies Inc. will have costs of $23,546, inclusive of disbursements and G.S.T. Michiel McArthur will have costs of the appeal in the amount of $19,794.55, inclusive of disbursements, plus G.S.T., and costs of the motion of $3,348.30, inclusive of disbursements, plus G.S.T.

"J.I. Laskin J.A."

"S. Borins J.A."

"K. Feldman J.A."