COURT OF APPEAL FOR ONTARIO
CITATION: Westerhof v. Gee Estate, 2015 ONCA 456
DATE: 20150622
DOCKET: C56514 and C58021
Laskin, Sharpe and Simmons JJ.A.
BETWEEN
Jeremy Westerhof
Plaintiff (Appellant)
and
The Estate of William Gee and Kingsway General Insurance
Defendant (Respondent)
and
BETWEEN
Daniel McCallum
Plaintiff (Respondent)
and
James Baker
Defendant (Appellant)
Counsel:
Jane Poproski, Lou Ferro and Robert Zigler, for the appellant Jeremy Westerhof
Kieran C. Dickson and Kenneth J. Raddatz, for the respondent the Estate of William Gee
Donald Rollo and David Visschedyk, for the appellant James Baker
Paul J. Pape and Joanna Nairn, for the respondent Daniel McCallum
Richard Halpern and Brian Cameron, for the intervener the Ontario Trial Lawyers Association
William D. Black, Jerome R. Morse and John J. Morris, for the intervener The Holland Access to Justice in Medical Malpractice Group
John A. Olah and Stephen Libin, for the intervener the Canadian Defence Lawyers Association
Linda R. Rothstein and Jean-Claude Killey, for the intervener The Advocates’ Society
Heard: September 22, 23, 24, 26, 2014
On appeal from the order of the Divisional Court (Justices P. Theodore Matlow, David Aston and Thomas R. Lederer) dated June 20, 2013 with reasons reported at 2013 ONSC 2093, 310 O.A.C. 335, affirming the judgment of Justice David S. Crane of the Superior Court of Justice dated October 26, 2011, following a decision by a jury; and on appeal from the judgment of Justice Gregory M. Mulligan of the Superior Court of Justice dated December 20, 2012, sitting with a jury.
COSTS ENDORSEMENT
[1] Costs of the appeal in McCallum v. Baker are to the respondent fixed in the amount of $60,000 inclusive of disbursements and applicable taxes.
“John Laskin J.A.”
“Robert Sharpe J.A.”
“Janet Simmons J.A.”