Court File and Parties

COURT FILE NO.: 402/07

DATE: 20080502

SUPERIOR COURT OF JUSTICE - ONTARIO

DIVISIONAL COURT

RE: A, Applicant/Respondent in Appeal v. B, Respondent/Appellant in Appeal

BEFORE: Justice Romain Pitt

COUNSEL: Philip Epstein, for the Applicant/Respondent in Appeal Harold Niman/Deborah MacKenzie, for the Respondent/Appellant in Appeal

DATE HEARD: February 7, 2008

E N D O R S E M E N T R E C O S T S

[1] I have read and considered the submissions of the parties, and I have taken into account the factors set out in Rule 49 and Rule 57.01 of the Rules of Civil Procedure, R.R.0. 1990, Reg. 194.

[2] I am required to award costs that are reasonable and fair. See Boucher v. Public Accountants Council for the Province of Ontario (2004), 71 O.R. (3d) 291 (C.A.).

[3] I see no reason why I should not observe the practice of ordering that costs follow the event.

[4] I believe and find, however, that an appropriate award on such a motion is $5,000.00 inclusive of GST and disbursements on a partial indemnity scale, payable to the respondent within 30 days.

Pitt J.

DATE: May 2, 2008