Hanis v. Teevan, 2008 ONCA 793
COURT OF APPEAL FOR ONTARIO
Doherty, Sharpe and Gillese JJ.A.
BETWEEN
Edward Hanis
Plaintiff
and
James J. Teevan, Andrew K. Bjerring and The University Of Western Ontario and Glenn Harris, William Trimble and Stewart McBride
Defendants (Respondent)
and
Guardian Insurance Company of Canada, Herald Insurance Company, Crum & Forster of Canada Ltd., Gerling Global Insurance Company and Kansa General Insurance Company Ltd.
Third Parties (Appellant)
Geoffrey D.E. Adair, Q.C., for the appellant
Jane A. Langford and William G. Scott, for the respondent
Heard: March 26, 2008
On appeal from the judgment of Justice Denis J. Power of the Superior Court of Justice dated December 7, 2005 and reported at (2005), 2005 47727 (ON SC), 32 C.C.L.I. (4th) 255.
ENDORSEMENT RE COSTS
1We agree with Mr. Adair’s characterization of the issue raised on appeal as a dispute over the allocation of defence costs as between insurer and insured, and not a dispute over the insurer’s duty to defend. The University of Western Ontario is entitled to costs on a partial indemnity basis. We fix those costs at $25,000, inclusive of disbursements and GST.
“Doherty J.A.”
“Robert J. Sharpe J.A.” “Eileen E. Gillese J.A.”