Citation: Zenner v. PEI College Optometrists Date: 20030331 2003 PESCTD 31 Docket: S1-GS-18430 Registry: Charlottetown PROVINCE OF PRINCE EDWARD ISLAND IN THE SUPREME COURT - TRIAL DIVISION BETWEEN: RAINER ZENNER APPLICANT AND: PRINCE EDWARD ISLAND COLLEGE OF OPTOMETRISTS RESPONDENT Before: The Honourable Justice Gordon L. Campbell Decision on Costs Peter C. Ghiz - Solicitor for the Applicant John R. Diamond - Solicitor for the Respondent Written Submissions re Costs filed by Mr. Diamond - February 20, 2003 Place and Date of Judgment - Charlottetown, Prince Edward Island March 31, 2003

Citation: Zenner v. PEI College of Optometrists 2003 PESCTD 31 Docket: S1-GS-18430 BETWEEN: RAINER ZENNER APPLICANT AND: PRINCE EDWARD ISLAND COLLEGE OF OPTOMETRISTS RESPONDENT Supreme Court of Prince Edward Island - Trial Division Before: Campbell J. Written Submissions on Costs: February 20, 2003 Judgment: March 31, 2003 (1 page) Costs Peter C. Ghiz - Solicitor for the Applicant John R. Diamond - Solicitor for the Respondent Campbell J. :

[ 1 ] A decision in this matter was issued on June 24, 2002, with the issue of costs being reserved to be spoken to by the parties. After some time, a hearing was scheduled for submissions by the parties, and at the hearing neither party was properly prepared and at their joint request it was adjourned to allow them time to make proper submissions. On February 21, 2003, I received the written submissions of John R. Diamond, counsel for the respondent. After three weeks passed, Mr. Ghiz was notified and instructed to file any submissions he wished to have considered on or before March 28, 2003.

No submissions were received. [ 2 ] I have reviewed the Bill of Costs submitted by John Diamond, and considering the complexity of the matter and the preparation time required I find his Bill of Costs to be reasonable and therefore fix costs in the amount of $11,598.38, which includes all taxes and disbursements. [ 3 ] Order accordingly. J. March 31, 2003