DATE: 20020801
DOCKET: C35933

COURT OF APPEAL FOR ONTARIO

RE:

JAMES D. CRAIG, JEANNE CRAIG and JAMIE CRAIG, by his Litigation Guardian, JAMES D. CRAIG (Respondents) v. ALLSTATE INSURANCE COMPANY OF CANADA (Appellant)

BEFORE:

CARTHY, WEILER and CRONK JJ.A.

COUNSEL:

Richard F.L. Rose

for the appellant

Joseph L. Sullivan

for the respondents

HEARD:

January 10, 2002

On appeal from the decision of Justice J. Philp dated February 21, 2001 (reported at (2001), 26 C.C.L.I. (3d) 136).

ADDENDUM ON COSTS

[1] We have received the written submissions of the parties on costs. Having regard to the success on appeal, the complexity of the issues and the respondents’ Bill of Costs, we are of the view that the respondents should be awarded their costs on a partial indemnity basis fixed at $13,099.75, inclusive of disbursements and Goods and Services Tax.

“J.J. Carthy J.A.”

“K.M. Weiler J.A.”

“E.A. Cronk J.A.”