DATE: 20040909

DOCKET: M31666 (C39979) M31667 (C40108)

COURT OF APPEAL FOR ONTARIO

RE: Martin Grinsell and Arlene Grinsell, Executors of the Estate of Carole Perlett (Appellants in Appeal)

v. Riverside Health Care Facilities Inc. and The Mutual Life Assurance Company of Canada (Respondents in Appeal)

BEFORE: MCMURTRY C.J.O. (IN CHAMBERS)

COUNSEL: Shaun O’Brien For the Moving Party/Intervenor, The Ontario Nurses’ Association

Alex Demeo For the Respondent/Appellant in Appeal, The Estate Carole Perlett

Stephen Wojciechowski For the Respondent/Respondent in Appeal, Riverside Health Care Facilities Inc.

HEARD: Thursday September 9th, 2004

[1] I am satisfied that it is appropriate to add the moving party, Ontario Nurses’ Association, to both the trial appeal and the reconsideration appeal as a party and I so order.

[2] It is unnecessary for me to make an order as to the filing of the motion record from the Rule 21 motion, because that material is already before the court on the reconsideration appeal.

[1] Accordingly the Ontario Nurses’ Association shall be added as a party in these proceedings on the following conditions:

(a) It will be added as a party to both appeals;

(b) It shall file within 30 days a single factum not to exceed 30 pages in length;

(c) That the time allocated for its oral submissions be fixed at 30 minutes with no right of reply; and

(d) That it will neither seek costs on the appeal nor will it be liable for costs on the appeal.

There will be no costs of the motions.

Motions granted.