Court of Appeal for Ontario
Armstrong v. London Life Insurance Company
Date: 2001-05-28
Counsel: David Neill, for the appellant.
(Court File No. C32962)
Reasons for Decision
[1] By the Court: The issues raised by the appellants/plaintiffs are largely fact-driven and in our view of the evidence the trial judge, in his very thorough reasons, was free to make the findings of fact he did. We see no palpable or overriding error in those reasons. The appeal is therefore dismissed.
[2] The defendant, London Life cross-appealed the dispositions of costs. In so are as M.C.C. #130 and Parkside are concerned, the fact that London Life claimed over not just for contribution and indemnity but in addition to be made whole on its mortgage, supports the award of 50% of its costs.
[3] In so far as the plaintiff is concerned the special circumstances justifying the refusal to award full solicitor and client costs, were, in our view, the fact that the mortgage collection claim was only a small part of the litigation and the sheer volume of the claims facing the plaintiff on the dismissal of her action, all of the circumstances we would grant leave to appeal, but dismiss both aspects of the appeal as to costs.
[4] The appeal and cross-appeal each are dismissed with costs.
Appeal dismissed; cross-appeal dismissed.