Case Name:

Jankowski v. 990088 Ontario Inc.

IN THE MATTER OF an Agreement of Purchase and Sale made the

26th day of June, 1992 between Gottenu Developments Ltd. and

John Rodzik, in trust for a new company to be incorporated

AND IN THE MATTER OF Sub-rules 14.05(d), (e) and (h) of the

Rules of Civil Procedure

Between

Gottenu Developments Inc. and Morris Stein, applicants

(appellants), and

Tadeuz Jankowski, Business Ventures Inc., 990088 Ontario Inc.,

cross-applicants (respondents)

[2000] O.J. No. 444

Court File No. C30279

General Division File No. 95-GD-34436

 Ontario Court of Appeal

 Toronto, Ontario

Austin, Moldaver and Borins JJ.A.

February 14, 2000.

(2 paras.)

Counsel:

Roberto R. Cucci, for the appellants.

Raymond Colautti, for Tadeuz Jankowski and Business Ventures Inc. Realty.

The judgment of the Court was delivered by

1 AUSTIN J.A. (endorsement):-- Brockenshire J. delivered careful and thorough reasons for judgment. His findings of fact are fully supported by the evidence and his application of the law to those findings reveals no error. We are not persuaded that in exercising his discretion respecting costs, he erred in awarding costs as between solicitor and client against Gottenu and Stein; both of whom were parties.

2     The appeal is dismissed with costs payable by the appellants, such costs to include reasonable travel, accommodation and dining costs.

AUSTIN J.A.

qp/t/np/qw/qlebh