DATE: 20020912
DOCKET: C35761

COURT OF APPEAL FOR ONTARIO

WEILER, ABELLA and GOUDGE JJ.A.

BETWEEN:

COMMERCIAL UNION LIFE ASSURANCE COMPANY OF CANADA

Sandra Antoniani, R. Nairn Waterman and Clive Elkin, for the plaintiff

(respondent/appellant by cross-appeal)

Plaintiff (Respondent/Appellant by Cross-Appeal)

• and -

JOHN INGLE INSURANCE GROUP INC., JIIG HOLDINGS INC., INGLE INSURANCE BROKERS INC., HSP DIRECT HEALTH INSURANCE BROKERS INC., M.H.I. BROKERS LTD., INSURANCE CLAIMS MANAGEMENT SYSTEMS INC., JOHN DWIGHT INGLE, STEVEN MICHAEL OVERGAARD, and ICMS CANADA INC.

Alan J. Lenczner, Q.C., for the defendant (appellants/respondents by cross-appeal) JIIG Holdings Inc., Steven Michael Overgaard and ICMS Canada Inc.

Defendants Appellants/Respondents by Cross-Appeal

Heard: May 6 and 7, 2002

On appeal from the five orders of Justice David G. Stinson contained in his reasons for judgment dated September 20, 2000, reported at 2000 50972 (ON SC), [2000] O.J. No. 3289 (S.C.J.) (QL), 22 C.C.L.I. (3d) 221, and his supplementary reasons dated January 9, 2001, reported at 2001 62791 (ON SC), [2001] O.J. No. 65 (S.C.J.) (QL), 26 C.C.L.I. (3d) 305.

WEILER J.A.:

[1] The parties are agreed on costs.

[2] In the appeal, Steven Michael Overgaard shall pay Commercial Union costs fixed in the amount of $25,000 all inclusive. JIIG Holdings Inc. shall pay Commercial Union the sum of $20,000, all inclusive in respect of the abandoned grounds of appeal.

[3] In the cross-appeal, the defendants MHI Brokers Ltd., JIIG Holdings Inc., and Steven Michael Overgaard, jointly and severally, shall pay to Commercial Union costs fixed in the amount of $5,000 all inclusive.

Released: SEP 12 2002 KMW

Signed: “Karen M. Weiler J.A.”

“I agree R.S. Abella J.A.”

“I agree S.T. Goudge J.A.”