Court File and Parties

CITATION: Newcastle Recycling Ltd. v. Clarington (Municipality), 2010 ONCA 427

DATE: 20100610

DOCKET: C50431

COURT OF APPEAL FOR ONTARIO

Laskin, Moldaver and Armstrong JJ.A.

BETWEEN:

Newcastle Recycling Ltd., William Hale and James Hale

Applicants Respondents in the Counter-Application (Plaintiffs in Trial of Issues) (Appellant Newcastle Recycling Ltd.)

and

The Municipality of Clarington

Respondent Applicant in the Counter-Application (Defendant in Trial of Issues) (Respondent in Appeal)

and

Walter John Hale, Walter John Hale in his capacity as trustee, James Hale in his capacity as trustee and JCLJB Holdings Ltd.

Respondents in the Counter-Application (Plaintiffs in Trial of Issues)

Counsel:

N. Cameron Murkar, for the appellant Newcastle Recycling Ltd.

Ian Godfrey and Matthew Benson, for the respondent Municipality of Clarington

Heard: March 24, 2010

Reasons released: May 3, 2010

COSTS ENDORSEMENT

[1] We have received and reviewed the submissions of the parties with respect to the costs of the appeal. The Municipality of Clarington was successful and is entitled to costs on a partial indemnity basis. In the circumstances, we consider an award of $15,000 inclusive of G.S.T. and disbursements to be fair and reasonable. An order will go accordingly.

Signed: "John Laskin J.A." "M. J. Moldaver J.A." "Robert P. Armstrong J.A."