DATE: 20030617

DOCKET: C35608

COURT OF APPEAL FOR ONTARIO

RE: Elizabeth McKenna (Plaintiff) v. Father Francis Reed and The Roman Catholic Episcopal Corporation for the Diocese of Sault Ste. Marie in Canada (Defendants/Respondents, Appellants by way of cross-appeal) v. The Great American Insurance Company, The Chateau Insurance Company, The Phoenix Assurance Company Limited, The Phoenix Assurance Company of Canada, The Continental Insurance Company, Continental Insurance Company of Canada and Ecclesiastical Insurance Office plc (Third Parties/Appellants, Respondents by way of cross-appeal, Respondents)

BEFORE: MCMURTRY C.J.O., DOHERTY and GILLESE JJ.A.

COUNSEL: James Dunn and Hillel David for the

appellants, respondents by way of cross-appeal,

The Great American Insurance Company and

The Chateau Insurance Company

Ronald Slaght and Eleni Maroudas for the

respondents, appellants by way of cross-appeal,

Father Reed and The Roman Catholic Episcopal Corporation

Mark M. O’Donnell and Mark W. Barrett

for the respondent, Ecclesiastical Insurance Office

Giovanna Asaro for the respondent,

The Continental Insurance Company

HEARD: March 31, 2003

On appeal from the judgment of Justice John C. Wilkins, of the Superior Court of Justice, dated December 15, 2000 and September 7, 2001, reported at 2000 ONSC 50983, 24 C.C.L.I. (3d) 229 and 2001 ONSC 62766, 32 C.C.L.I (3d) 301.

E N D O R S E M E N T R E C O S T S

[1] We have reviewed the costs submissions. Costs will go on a partial indemnity scale fixed in the amounts set out below:

• Father Reed and the Diocese (respondents, cross-appellants) - $18,000

• The Phoenix group of insurers (third parties, respondent on the main appeal) - $5,549.02

• Ecclesiastical Insurance Office (third party, respondent on the main appeal) - $5,549.02

“R.R. McMurtry C.J.O.”

“Doherty J.A.”

“E.E. Gillese J.A.”