Court File and Parties

CITATION: McNamee v. McNamee, 2011 ONCA 575

Date: 20110906

DOCKET: C52000

COURT OF APPEAL FOR ONTARIO

Sharpe, Blair and Rouleau JJ.A.

BETWEEN

Connie McNamee

Applicant (Respondent in Appeal)

and

Clayton McNamee

Respondent (Appellant)

Counsel: H. Hunter Phillips and James N. Eastwood, for the appellant Philip W. Augustine, for the respondent

COSTS ADDENDUM

[1] Counsel have written asking for clarification of the disposition respecting costs in our decision released on July 26, 2011.

[2] In that decision, we allowed the appeal and set aside the trial judge’s decision that Mr. McNamee’s common shares in the Company had not been received by way of gift, but we directed a new trial on the issue of unjust enrichment. With respect to costs, we said: “As the results are mixed, we would make no order as to costs.”

[3] As counsel have pointed out, this disposition does not make clear what is to happen in relation to the costs of the first trial. The purpose of this endorsement is to say that our intention was that the costs of the first trial be left to the discretion of the judge hearing the new trial, and we so order.

“Robert J. Sharpe J.A.”

“R.A. Blair J.A.”

“Paul Rouleau J.A.”