Court of Appeal for Ontario

Tom Cannon & Associates Ltd. v. British Aviation Insurance Group (Canada) Limited

Date: 2001-01-09

Counsel: John D. Holding (Borden Ladner Gervais LLP, Toronto, Ontario), for the defendant, British Aviation Insurance Group (Canada) Ltd.; Other counsel not disclosed.

(C33042)

Endorsement

[1] Weiler, J.A.: We are substantially in agreement with the reasons of Morin, J. His findings are reasonably supported by the evidence and we see no reason to interfere with them. Following oral argument we dismissed BAIG's main appeal and in light of that dismissal Cannon did not pursue its cross-appeal. In so far as McDonnell's appeal against the dismissal the action against AOG is concurrent we are of the view that this appeal raises new issues not raised at trial and in any event is contrary to the evidence of McDonnell, own representative at trial. Consequently all appeals are dismissed with costs and the cross appeal is dismissed without costs. All costs to be assessed.

Appeals dismissed; cross-appeals dismissed.