Supreme Court of Canada

Canadian Laboratory Supplies v. Engelhard Industries, [1980] 2 S.C.R. 450

Date: 1980-12-18

Canadian Laboratory Supplies Ltd. (Plaintiff) Appellant;

and

Engelhard Industries of Canada Ltd. (Defendant) Respondent.

1980: December 18.

Present: Laskin C.J. and Martland, Ritchie, Dickson and Estey JJ.

ON APPEAL FROM THE COURT OF APPEAL FOR ONTARIO—REHEARING[^1].

Judgments and orders—Costs—Money paid into Court by respondent to be paid out to appellant with accumulated interest.

J.J. Fitzpatrick, Q.C., for the appellant.

John Adams, for the respondent.

The judgment of the Court was delivered orally by

THE CHIEF JUSTICE—It is ordered that the money paid into Court by the respondent on February 26, 1974, with the accumulated interest thereon, be paid out to the appellant, and it is further ordered that the costs awarded by the judgment of this Court delivered on May 8, 1979, be varied to provide that the appellant recover its costs a trial and in this Court and that the respondent recover its costs in the Ontario Court of Appeal.

There will be no costs of the rehearing.

Judgment accordingly.

Solicitors for the appellant: Fitzpatrick, O’Donnell & Poss, Toronto.

Solicitors for the respondent: Fraser & Beatty, Toronto.

[^1]: See 1979 44 (SCC), [1979] 2 S.C.R. 787.