DATE: 20020813 DOCKET: C36748

COURT OF APPEAL FOR ONTARIO

RE:

ARTHUR JAMES SOMERS and LOLA SOMERS (Respondents, Appellant in Cross-Appeal) v. STEVEN D. FOURNIER and LIBERTY MUTUAL INSURANCE COMPANY (Appellants, Respondents in Cross-Appeal)

BEFORE:

FINLAYSON, CARTHY and CRONK JJ.A.

COUNSEL:

Gordon A. Wiggins,

for the Appellant and Respondent in Cross Appeal,

S.D. Fournier

R. Donald Rollo and Edward J. Cottrill,

for the Respondent in Cross-Appeal,

Liberty Mutual Insurance Company

Raymond A.D. Watt,

for the Respondent and Appellant in Cross-Appeal,

Lola Somers

HEARD:

February 14, 2002

On appeal from the order of Justice C. Campbell dated June 29, 2001, reasons reported at (2001), 8 C.C.L.I. (3d) 112.

ADDENDUM ON COSTS

[1] [1] Further to the reasons for judgment in this matter issued on June 27, 2002, we have received the written submissions on costs of S.D. Fournier and Liberty Mutual Insurance Company and have been informed that Lola Somers consents to the amount of costs proposed therein for the cross-appeal.

[1] [2] Having regard to the success on the cross-appeal, the costs proposed in the written submissions filed by the respondents in the cross-appeal and the consent thereto of the appellant in the cross-appeal, we are of the view that S.D. Fournier and Liberty Mutual Insurance Company should both be awarded their costs of the cross-appeal on a partial indemnity basis fixed in the amount of $2,000 each, inclusive of disbursements and Goods and Services Tax, payable by Lola Somers within sixty days from the date of release hereof.

“G. D. Finlayson J.A.”

“E.A. Cronk J.A.”

“J.J. Carthy J.A.”