Court of Appeal for Ontario

Citation: Barry Edward Bywater (Parkview Hotel), 2013 ONCA 484

Date: 2013-07-25

Docket: C54151

Before: Rosenberg, Gillese and Tulloch JJ.A.

Parties

BETWEEN

D.M. Drugs c.o.b. Harris Guardian Drugs Plaintiff (Respondent)

and

Barry Edward Bywater c.o.b. Parkview Hotel and the Corporation of the City of North Bay Defendants (Appellant)

AND BETWEEN

Trevor Bywater Inc. Plaintiff (Respondent)

and

Barry Edward Bywater c.o.b. Parkview Hotel and the Corporation of the City of North Bay Defendants (Appellant)

AND BETWEEN

Diane Piotrowski (Respondent)

and

Barry Edward Bywater c.o.b. Parkview Hotel and the Corporation of the City of North Bay Defendants (Appellant)

AND BETWEEN

Maurice Bosselle and Joyce Bosselle c.o.b. Joyce’s Lingerie Shoppe Plaintiff (Respondent)

and

Barry Edward Bywater c.o.b. Parkview Hotel and the Corporation of the City of North Bay Defendants (Appellant)

AND BETWEEN

Jack Lavery Jewellers Ltd. Plaintiff (Respondent)

and

Barry Edward Bywater c.o.b. Parkview Hotel and the Corporation of the City of North Bay Defendants (Appellant)

Counsel

Earl A. Cherniak, Q.C. and Cynthia B. Kuehl, for the appellant, Barry Edward Bywater c.o.b. Parkview Hotel

Geoffrey D.E. Adair, Q.C. and R.W. Howard Lightle, for the respondent, D.M. Drugs Ltd.

Heard: October 25, 2012

On appeal from the order of Justice David J. Nadeau of the Superior Court of Justice, dated July 27, 2011.

COSTS ENDORSEMENT

[1] Further to this court’s decision in this matter, released on May 31, 2013, the parties advise that they have reached agreement on the costs of the appeal. As agreed by the parties, the respondent is entitled to its costs of $21,000, inclusive of fees, disbursements and all applicable taxes.

“M. Rosenberg J.A.”

“E.E. Gillese J.A.”

“M.H. Tulloch J.A.”