Court and Judges

COURT OF APPEAL FOR ONTARIO DATE: 20210114 DOCKET: C66633, C64430 & C64479

Judges: Doherty and Hoy JJ.A. and Marrocco A.C.J. [1] (ad hoc)

Parties and Dockets

DOCKET: C66633

BETWEEN

Gregory Alan Tuffnail, Patricia Diane Tuffnail, David Alan Tuffnail and Michael Alan Tuffnail Plaintiffs (Appellants/Respondents by way of cross-appeal)

and

Steven Andrew Meekes, State Farm Mutual Automobile Insurance Company and Sharon Carlene Drown as Litigation Administrator for the Estate of Thomas Michael Bolton Defendants (Respondent/Respondent and Appellant by way of cross-appeal)

and

Steve Coulthard Third Party (Respondent)

DOCKET: C64430

AND BETWEEN

Gregory Alan Tuffnail, Patricia Diane Tuffnail, David Alan Tuffnail and Michael Alan Tuffnail Plaintiffs (Respondents)

and

Steven Andrew Meekes, State Farm Mutual Automobile Insurance Company and Sharon Carlene Drown as Litigation Administrator for the Estate of Thomas Michael Bolton Defendants (Appellant)

and

Steve Coulthard Third Party (Respondent)

DOCKET: C64479

AND BETWEEN

Gregory Alan Tuffnail, Patricia Diane Tuffnail, David Alan Tuffnail and Michael Alan Tuffnail Plaintiffs (Respondents)

and

Steven Andrew Meekes, State Farm Mutual Automobile Insurance Company and Sharon Carlene Drown as Litigation Administrator for the Estate of Thomas Michael Bolton Defendants (Respondents)

and

Steve Coulthard Third Party (Appellant)

Counsel

• Peter W. Kryworuk and Jacob R.W. Damstra, for State Farm Mutual Automobile Insurance Company
• James D. Virtue and Rasha M. El-Tawil, for Gregory Alan Tuffnail, Patricia Diane Tuffnail, David Alan Tuffnail, and Michael Alan Tuffnail
• Alan L. Rachlin, for the Litigation Administrator for the Estate of Thomas Michael Bolton
• Brian A. Pickard, James K. Brown and Ayren J. Brown, for Steve Coulthard

Hearing Information

Heard: January 14 and 15, 2020

On appeal from the judgment of Justice Helen A. Rady of the Superior Court of Justice, dated July 23, 2019, with reasons reported at 2017 ONSC 4610, 72 C.C.L.I. (5th) 281; 2018 ONSC 4113; 2019 ONSC 525, [2019] I.L.R. I-6127; 2019 ONSC 1334; and 2019 ONSC 2399.

COSTS ENDORSEMENT

1The parties have resolved the costs of the appeal in C64479. We have received and reviewed the costs submissions of State Farm Mutual Automobile Insurance Company and Gregory Alan Tuffnail, Patricia Diane Tuffnail, David Alan Tuffnail and Michael Alan Tuffnail in C64430 and C66633. Success in these inter-related appeals, which were heard together with C64479, was mixed. In the circumstances, there shall be no order as to costs of the appeals in C64430 and C66633.

“Doherty J.A.”

“Alexandra Hoy J.A.”

"Marrocco ACJSC”

1Marrocco A.C.J. retired from the Superior Court of Justice on November 10, 2020.