COURT FILE NO: 284/06

DATE: 20070530

SUPERIOR COURT OF JUSTICE - ONTARIO

DIVISIONAL COURT

IN THE MATTER OF THE SECURITIES ACT, R.S.O. 1990, c.S.5, as amended

RE: RICHARD OCHNIK and 1464210 ONTARIO INC, Appellants - and – ONTARIO SECURITIES COMMISSION, Respondent

BEFORE: Lederman, Swinton and M.G.J. Quigley, JJ.

COUNSEL: Richard Ochnik, Self represented, and with leave, on behalf of 1464210 Ontario Inc. Matthew H. Britton, for the Respondent, the Ontario Securities Commission

E N D O R S E M E N T

AS TO COSTS

[1] Both the motion to adduce fresh evidence and the appeal by the appellants were dismissed by the Court.

[2] Costs should normally follow the event and there is no reason why the respondent, OSC, having been successful, should not receive its costs on a partial indemnity basis.

[3] The OSC submitted that its partial indemnity costs amounted to $12,875. However, Mr. Britton, on behalf of the OSC acknowledged that the appellants were not represented by counsel and that the OSC did not wish to inhibit self-represented parties pursuing appeal rights by the OSC seeking prohibitive costs awards. In the circumstances, he seeks a costs award of $4,000.

[4] We are of the view that the issues on the appeal were not complex and that the amount of $4,000 sought by the OSC is modest in the circumstances. Accordingly, an order will go fixing the costs of both the motion to adduce fresh evidence and the appeal at $4,000 inclusive of disbursements and GST, payable by the appellants, Ochnik and 1464210 Ontario Inc., to the respondent, OSC.

Lederman J.

Swinton J.

M.G.J. Quigley J.

Released: May 30, 2007