Jason Annibale

The appellant abandoned its appeal from the judgment of Justice E.M. Stewart.

The Court of Appeal for Ontario dismissed the appeal as abandoned and awarded unopposed costs to the respondent in the amount of $2,334.00.

The Court of Appeal for Ontario issued an endorsement on costs following an appeal.

The respondent was awarded partial indemnity costs fixed at $50,000, inclusive of disbursements and GST.

The plaintiff appealed a trial judgment apportioning 90% of the fault to it for corrosion damage to the steel roofs of two of its warehouse buildings.

The trial judge found the plaintiff negligent for failing to install a vapour barrier, which allowed condensation to cause the corrosion, and the defendant 10% at fault for failing to warn that its phenolic foam insulation contained corrosive acids that could accelerate the damage.

The Court of Appeal dismissed the appeal, upholding the trial judge's finding that the plaintiff's failure to consider the permeability of the insulation and foresee the risk of moisture damage constituted contributory negligence.

The defendant's cross-appeal regarding its duty to warn was also dismissed.