COURT OF APPEAL FOR ONTARIO
Laskin, Gillese and Blair JJ.A.
BETWEEN:
Carlton Thompson, 1253010 Ontario Limited, operating as GX Logistics, Kennedy National Leasing Limited
Appellants
and
Allan Sibley and Madonna Sibley, Joseph Rizzuto, 1421003 Ontario Inc., Carlo Rizzuto, carrying on business under the name and style J.R. Trucking, Pilot Insurance Company and Aviva Canada Inc.
Respondents
John McNeil for the appellants
Gerald A. Swaye Q.C. for Allan and Madonna Sibley Darren M. Delaney for Carlo Rizzuto and J.R. Tucking Francis DeSantis and Andrea Griese for Pilot Insurance Company
Heard: December 15, 2008
On appeal from the order of Justice William Festeryga of the Superior Court of Justice dated May 5, 2008.
APPEAL BOOK ENDORSEMENT
1The appeal is dismissed for the reasons expressed by Festeryga J. In our view if the Legislature had intended that the statutory regime established to resolve the distribution of statutory accident benefit losses as between insurers was to deprive injured parties of the rights to sue in tort actions, it would have said so. It did not.
2Costs are fixed as follows:
To the plaintiff - $12,000
To the respondent Rizzuto - $3,000
To the respondent Pilot Insurance - $6,000
All inclusive.