DATE: 20030502

DOCKET: C38635 C38645

COURT OF APPEAL FOR ONTARIO

RE:

PATRICK WALSH (Plaintiff) – and – THE CANADA LIFE ASSURANCE COMPANY and THE CANADIAN NATIONAL INSTITUTE FOR THE BLIND (Defendants (Appellant, CNIB) (Respondent, Canada Life)

BEFORE:

CARTHY, ROSENBERG AND CRONK JJ.A.

COUNSEL:

David Harris for the appellant CNIB

Barry Kuretzky and Sheryl Johnson for the respondent Patrick Walsh

Barbara Franklin

for the respondent Canada Life

HEARD:

May 2, 2003

On appeal from the order of Justice William P. Somers of the Superior Court of Justice dated July 4, 2002.

A P P E A L B O O K E N D O R S E M E N T

[1] We are in entire agreement with the reasons of Somers J. and therefore dismiss these appeals.

[2] The respondent does not seek costs.