Court File and Parties

CITATION: Berendsen v. Ontario, 2010 ONCA 224

DATE: 20100325

DOCKET: C48391

COURT OF APPEAL FOR ONTARIO

BEFORE: Laskin, Juriansz and Epstein JJ.A.

BETWEEN

Bernard Gerardus Maria Berendsen, Maria Berdina Helena Berendsen, Yvonne Berendsen, Mary Berendsen and Wilbert Berendsen

Plaintiffs (Respondents)

and

Her Majesty the Queen in Right of Ontario

Defendant (Appellant)

COUNSEL:

William J. Manuel and Erin Rizok, for the appellant

Richard D. Lindgren and Donald R. Good, for the respondents

HEARD: April 6, 2009

On appeal from the judgment dated January 18, 2008 and the order dated July 11, 2008 by Justice Silja S. Seppi of the Superior Court of Justice.

COSTS ENDORSEMENT

[1] We allowed this appeal on December 1, 2009, set aside the trial judgment and asked for written submissions on costs of the trial and the appeal.

[2] Ontario does not seek costs of either the trial or the appeal. The costs order of Seppi J. dated July 11, 2008, awarding the respondents costs of the trial is set aside. There will be no costs awarded for the trial or for the appeal.

"John Laskin J.A."

"R.G. Juriansz J.A."

"G. Epstein J.A."