DATE: 20010518

DOCKET: C30682

COURT OF APPEAL FOR ONTARIO

BORINS, MACPHERSON AND SHARPE JJ.A.

B E T W E E N :

MICHAEL ONIEL

Michael Oniel

for the appellant

(Plaintiff/Appellant)

and

JACK MARKS, CHIEF OF POLICE OF

Kevin A. McGivney

THE MUNICIPALITY OF

for the respondents

METROPOLITAN TORONTO POLICE

FORCE, THE ESTATE OF

JAMES HUGHES (now deceased) and

MARK HEGENAUER

(Defendants/Respondents)

Heard: June 2, 2000

On appeal from the judgment of Justice William P. Somers dated June 12, 1998 and September 22, 1998.

SUPPLEMENTARY REASONS

BORINS J.A.:

[1] The parties are unable to agree on the calculation of prejudgment interest on the damages awarded by this court on January 18, 2001.

[2] We have had the opportunity to consider the submissions of the parties and we are satisfied that the analysis of counsel for the respondents is correct, as is his calculation of prejudgment interest. This calculation is reflected in the draft order prepared by the respondents’ counsel.

[3] Accordingly, we direct that an order of this court issue pursuant to the draft order.

Released: May 18, 2001

“S. Borins J.A.”

“I agree Robert J. Sharpe J.A.”