Court File and Parties

2013 ONCA 425 DATE: 20130621 DOCKET: C55638

BEFORE: Doherty, Laskin and Blair JJ.A.

BETWEEN

Kathleen Cookish Applicant (Respondent)

and

Paul Lee Associates Professional Corporation Respondent (Appellant)

COUNSEL: Tanya A. Pagliaroli, for the appellant David S. Wilson, for the respondent

HEARD: January 14, 2013

On appeal from the order of Justice Kevin W. Whitaker of the Superior Court of Justice dated May 25, 2012, with reasons reported at 2012 ONSC 3084.

COSTS ENDORSEMENT

[1] On April 30, 2013, the Court released its decision allowing the appeal of Paul Lee Associates Professional Corporation, and setting aside the orders of the motion judge and of Corrick J. directing an assessment of the appellant’s legal fees. The matter was remitted to a judge of the Superior Court of Justice to hear the application for an assessment.

[2] The parties were permitted to file brief written submission with respect to the costs of the appeal if they were unable to agree. They were unable to do so, and we have now received those submissions.

[3] After considering the submissions, we fix costs of the appeal, including costs of the previous motion to quash, in favour of the appellant in the amount of $10,000 inclusive of disbursements and all applicable taxes.

[4] We confirm as well that, since the consent order of Corrick J. was set aside, including the costs order made by her against the appellant, any monies paid on account of that costs award must be returned. We say this because the issue was raised by Mr. Wilson in his costs submissions.

“H. Doherty J.A.”

“John Laskin J.A.”

“R.A. Blair J.A.”