Indexed as:

Sidhu v. Kooner

Between

Autar Singh Sidhu and Gurmit Singh Bains, (applicants

(respondents on appeal)), and

Sukhdev Singh Kooner, Malkiat Singh Pabla, Satnam Singh

Matharu, Gurdev Singh Takhar, Gurmej Kaur Aujla, Harbans Singh

Daffu, Lehmber Singh Pahal and The Sikh Cultural Society of

Metropliant Windsor, (respondents (applicants on appeal))

[1999] O.J. No. 5551

Docket No. C31270

 Ontario Court of Appeal

 Toronto, Ontario

Abella, Laskin and MacPherson JJ.A.

Heard: July 21, 1999.

 Judgment: July 22, 1999.

(2 paras.)

Practice -- Costs -- Appeals -- Appeals from order for costs.

Appeal by Kooner and others from an award of solicitor and client costs.

HELD: Appeal dismissed. The award was supportable on the ground that the respondents Sidhu and Bains did not act for personal gain but sought to enforce the rules of the Society's constitution and on the ground that the executive breached their fiduciary duty to their members in failing to follow the constitution.

Appeal From:

On appeal from the cost judgment of Caputo J. dated August 26, 1998.

Counsel:

Anthony Giannotti, for the appellants.

R. G. Colautti, for the respondents (applicants on appeal).

The following judgment was delivered by

1     THE COURT (endorsement):-- The trial judge does not expressly say why he awarded solicitor and client costs. However, we think that the award is supportable on the ground that the respondents sought no personal gain but instead sought to enforce the rules of the Societys constitution for the benefit of all the members and on the ground that the executive, in failing to follow the constitution, breached their fiduciary obligation to their members.

2     Accordingly, the appeal is dismissed with costs.

ABELLA J.A.

 LASKIN J.A.

 MacPHERSON J.A.

cp/e/nc/qlmjb