Court of Appeal for Ontario

CITATION: Middlesex Centre (Municipality) v. MacMillan, 2016 ONCA 607

DATE: 20160802

DOCKET: C60543

BEFORE: Doherty, Epstein and Huscroft JJ.A.

BETWEEN

Municipality of Middlesex Centre

Applicant (Appellant)

and

David Ronald MacMillan, Janice Lynn McIntosh and Her Majesty the Queen in Right of Ontario

Respondents (Respondents in Appeal)

COUNSEL:

James D. Virtue, for the appellant

Analee J.M. Ferreira and E. Cormier, for the respondents David MacMillan and Janice McIntosh

No one appearing for the respondent Her Majesty the Queen in Right of Ontario

HEARD: February 4, 2016

On appeal from the order of Justice A. Mitchell of the Superior Court of Justice, dated May 8, 2015, with reasons reported at 2015 ONSC 2988.

COSTS ENDORSEMENT

[1] The parties agreed that the successful party on appeal should receive costs of $8,000, inclusive of disbursements and relevant taxes. The appellant, as the successful party, is entitled to those costs.

[2] The court received submissions as to the appropriate costs on the application. In light of the outcome of the appeal, the appellant is entitled to its costs on the application. We agree with the submissions of the respondents MacMillan and McIntosh that those costs should be fixed at $50,000, inclusive of disbursements and relevant taxes.

“Doherty J.A.”

“Gloria Epstein J.A.”

“Grant Huscroft J.A.”