Court of Appeal for Ontario

Date: 2019-04-24 Docket: C63556

Judges: Juriansz, Brown and Huscroft JJ.A.

Between

Peter Merrifield Plaintiff (Respondent/Appellant by way of cross-appeal)

and

The Attorney General of Canada, Inspector James Jagoe, Superintendent Marc Proulx Defendants (Appellants/Respondents by way of cross-appeal)

Counsel

Sean Gaudet and James Gorham, for the appellants

Laura Young, John Kingman Phillips and John-Otto Phillips, for the respondent

Heard

September 18-19, 2018

On Appeal

On appeal from the judgment of Justice Mary E. Vallee of the Superior Court of Justice, dated February 28, 2017, with reasons reported at 2017 ONSC 1333, 42 C.C.L.T. (4th) 4.

Costs Endorsement

[1] We have reviewed the written submissions on costs.

[2] The appellants are entitled to costs of the appeal on a partial indemnity basis, which we fix at $75,000, inclusive of taxes and disbursements.

[3] The costs order at trial is set aside. The appellants are entitled to costs at trial on a partial indemnity basis, which we fix at $750,000, inclusive of taxes and disbursements.

R.G. Juriansz J.A.

David Brown J.A.

Grant Huscroft J.A.