DATE: 20020619 DOCKET: C37051

COURT OF APPEAL FOR ONTARIO

RE:

JOHN LEWIS COOPER and JUDE MARIE COOPER (Respondents) v. FARMERS’ MUTUAL INSURANCE COMPANY (Appellant)

BEFORE:

ABELLA, CHARRON and CRONK JJ.A.

COUNSEL:

Martin P. Forget

for the Appellant

Thomas J. Donnelly

For the Respondents

HEARD:

January 24, 2002

On appeal from the decision of Justice E. Macdonald dated August 30, 2001 (reported at (2001), 32 C.C.L.I. (3d) 284).

ADDENDUM TO JUDGMENT

[1] [1] Further to the reasons for judgment in this matter released on May 17, 2002, we have received the Bill of Costs of the respondents and the written submissions of the parties on costs.

[2] [2] Having regard to the success on appeal, the Bill of Costs filed by the respondents, the legal issues raised, and the submissions of the parties, we conclude that the respondents should be awarded their costs, on a partial indemnity basis, fixed at $10,500.00 inclusive of Goods and Services Tax and disbursements.

“R.S. Abella J.A.”

“Louise Charron J.A.”

“E.A. Cronk J.A.”