Court of Appeal for Ontario

Date: 2002-03-13 Docket: C36059

Re: Joyce Kurek, Andrew Kurek and Amy Kurek by their Litigation Guardian, Philip Kurek, and the said Philip Kurek (Plaintiffs) – and – Dwight Anthony Brown and Allstate Insurance Company of Canada (Defendants/Appellants) – and – Peter Lammens, Mary-Jane Mitchener and Tecumseh Physiotherapy Clinic (Third Parties/Respondents)

Before: Morden, Catzman, Rosenberg JJ.A.

Counsel: R. Shawn Stringer for the appellant Monique Jilesen for the respondent Dr. Peter Lammens

Heard: January 14, 2002

On appeal from the judgment of Justice Frances Kitley dated February 26, 2001.

Endorsement

[1] We have considered the written submissions filed by the parties. We agree with Kitley J.’s reasons. The appeal is dismissed with costs. Counsel may file written submissions on the amount of the costs.

"J.W. Morden J.A."

"M.A. Catzman J.A."

"M. Rosenberg J.A."