DATE: 20060510

DOCKET: C43430 and C43431

COURT OF APPEAL FOR ONTARIO

RE:

BRIDGEWOOD BUILDING CORP. (RIVERFIELD) (Applicant/Respondent) -and- LOMBARD GENERAL INSURANCE COMPANY OF CANADA (Respondent/Appellant) –and between– BEIGE VALLEY DEVELOPMENTS LIMITED (Applicant/Respondent) -and- LOMBARD GENERAL INSURANCE COMPANY OF CANADA (Respondent/Appellant)

BEFORE:

CATZMAN, MOLDAVER AND ARMSTRONG JJ.A.

COUNSEL:

Hillel David and

Eleni Maroudas

for the appellant

Lombard General Insurance

Thomas J. Donnelly and

Catherine P. Clark

for the respondents

Bridgewood Building Corp.

and Beige Valley Developments Ltd.

HEARD:

February 20 & 21, 2006

On appeal from the orders of Justice Elizabeth M. Stewart of the Superior Court of Justice dated April 1, 2005, reported at (2005), 2005 63763 (ON SC), 26 C.C.L.I. (4^th) 93.

C O S T S E N D O R S E M E N T

[1] Having read and considered the costs submissions of counsel for the parties, we order that the appellant pay the respondents their costs of this appeal, on a partial indemnity basis, which we fix in the amount of $20,000.00, inclusive of disbursements and G.S.T.