COURT OF APPEAL FOR ONTARIO
RE:
CRANE CANADA CO. (Applicant/Respondent) –and- MONTIS SORGIC ASSOCIATES INC., MOHAMED NADEEM, GADI GREENBERG, SHAFI GREENBERG, JUDITH BEADMAN, GEORGE COPELAND, ANTONELLA ALOE, JOSEPH CAMACHO, ROB BALJIT, JAMES BALDWIN and MARY BALDWIN (Respondents/Appellants)
BEFORE:
LABROSSE, MOLDAVER AND FELDMAN JJ.A.
COUNSEL:
Craig S. Burgess
for the appellants
Paul Le Vay
for the respondent
HEARD & ENDORSED:
May 18, 2006
On appeal from the order of Justice Herman of the Superior Court of Justice, dated June 15, 2005 made at Toronto, Ontario.
A P P E A L B O O K E N D O R S E M E N T
1We are alert to the access of justice concerns that are raised as a result of the transfer to the Superior Court. We think that in this case, the balancing of the pros and cons is tipped by the fact that all the claims are subrogated claims brought by one insurer.
2In these circumstances, the order was a proper exercise of discretion that should be rarely exercised.
3Costs of the appeal fixed at $7,000 to be in the discretion of the trial judge.