DATE: 20031107

DOCKET: C39683

COURT OF APPEAL FOR ONTARIO

RE:

CARL LEVESQUE (Plaintiff) and RHEAL LEVESQUE (Defendant (Appellant/Moving Party)) and ZURICH CANADA AND GREENSTONE INSURANCE BROKERS LTD. (Third Parties (Respondents/Responding Party))

BEFORE:

McMURTRY C.J.O., WEILER AND SHARPE JJ.A.

COUNSEL:

David Scott for the appellant/moving party, Rheal Levesque

David Tompkins for the respondent, Zurich Canada

Shona Bertrand for the respondent, Greenstone Insurance

HEARD & ENDORSED:

November 6, 2003

On appeal from the order of Justice John deP. Wright dated October 22, 2002.

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

[1] It is acknowledged that the Motor Vehicle Accident Claims Fund initiated the third party proceedings. It is also agreed that any costs awarded against the MVAC fund are paid by the Minister of Finance. In the circumstances, we do not find any error on the part of the trial judge in awarding the costs directly against the Minister of Finance. (See Heeny v. Minister of Commerical Relations 25 O.R. (2d) 348 and Smith v. Canadian Tire (1995) 26 O.R. (3d) 1994 (C.A.)).

[2] The respondents are each entitled to costs in the amount of $7,500.00 including the motion below.