Court File and Parties

CITATION: Fantl v.Transamerica Life Canada, 2015 ONSC 2917

DIVISIONAL COURT FILE NO.: 395/2013

DATE: 20150515

SUPERIOR COURT OF JUSTICE – ONTARIO

DIVISIONAL COURT

RE: JOSEPH FANTL Applicant/Plaintiff

AND:

TRANSAMERICA LIFE CANADA Respondent/Defendant

BEFORE: H. Sachs, D.L. Corbett and Gilmore JJ.

COUNSEL: David F. O’Connor and J. Adam Dewer, for the Applicant/Plaintiff

Mary Jane Stitt and Doug McLeod, for the Respondent/Defendant

COSTS ENDORSEMENT

BY THE COURT:

[1] Costs of the appeal and the motion for leave to appeal to the appellant from the respondent fixed at $50,000, inclusive, payable within thirty days.

[2] Costs of the certification motion to the appellant on a basis and in an amount to be decided by Perell J. in accordance with our reasons, dated March 9, 2015. As in 2038724 Ontario Ltd. v. Quizno’s Canada Restaurant Corp., [2009] O.J. No. 3095 and in Lipson v. Cassels Brock & Blackwell, [2013] O.J. No. 2677, Perell J. has years of experience with this matter and related litigation and is in the best position to decide a fair and reasonable costs order.

H. SACHS J.

D.L. CORBETT J.

GILMORE J.

Date: 20150515