Court File and Parties

COURT OF APPEAL FOR ONTARIO DATE: 20220616 DOCKET: C67642

Lauwers, Coroza and Sossin JJ.A.

BETWEEN

Darlene Marie Paddy-Cannon, Rosemarie Ethel Christie and Sharon Geraldine Cannon Plaintiffs (Appellants)

and

The Attorney General of Canada and Katherine Cannon Defendants (Respondents)

Counsel: Rosemarie Ethel Christie, acting in person Michael J. Prestell and Connor Barbeau, for the respondent Katherine Cannon Daniel Luxat, for the respondent the Attorney General of Canada

Heard: September 2, 2021 by video conference

On appeal from the judgment of Justice J. Christopher Corkery, dated September 30, 2019, with reasons reported at 2019 ONSC 5665.

Costs Endorsement

[1] The panel allowed the appeal and ordered a new trial for reasons reported at 2022 ONCA 110. The parties were invited to provide costs submissions relating to the appeal costs and the trial costs. We have now received those submissions. The parties have filed a consent order.

[2] In accordance with the consent order, the costs order at trial in favour of the respondent, Katherine Cannon, shall be set aside. The issue of costs for the first trial is to be determined by the new trial judge.

[3] The respondents shall pay to the appellants costs of the appeal in the amount of $8,000, inclusive of disbursements and applicable taxes, with each respondent contributing $4,000 within 90 days.

"P. Lauwers J.A."

"S. Coroza J.A."

"L. Sossin J.A."