Lincoln General Insurance Company v. Insurance Corporation of British Columbia, 2002 ONCA 53273

Court of Appeal for Ontario

Lincoln General Insurance Company v. Insurance Corporation of British Columbia

Date: 2002-05-21

Alan L.W. D'Silva and Sophie Vlahakis (Fasken Martineau Dumoulin LLP), for the appellant, Insurance Corporation of British Columbia.

(C36504)

Endorsement

1By the Court: We see no basis for interfering with the order of Croll, J. We agree with the submissions of Mr. Maidment that the impact of her decision is a matter for the arbitrator's, not this court's, consideration in all respects. Her conclusion that an injunction was warranted is, in the circumstances of this case, fully justified.

2The appeal is therefore dismissed with costs fixed in the amount of $20,000, inclusive of disbursements and GST.