DATE: 20040526

DOCKET: C40764

COURT OF APPEAL FOR ONTARIO

RE:

THE CO-OPERATORS GENERAL INSURANCE COMPANY, THOMAS AND DIANE MCCAULEY (Plaintiffs) – and – LYLE ROSS and GERRY GAREAU (Defendants (Respondent)) – and – ECONOMICAL MUTUAL INSURANCE COMPANY (Third Party) and LLOYD’S UNDERWRITERS (Third Party/ (Appellant))

BEFORE:

ABELLA, CRONK and JURIANSZ JJ.A.

COUNSEL:

David Waterhouse

for Lloyd’s Underwriters (appellant)

Marcus Snowden

for Economical Mutual Insurance Company

Shawn O’Connor

for Co-Operators General Insurance et al

Maurice Gatien

for Lyle Ross

HEARD AND ENDORSED:

May 26, 2004

On appeal from order of Justice D.J. Power of the Superior Court of Justice dated June 10, 2003.

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

[1] Appeal dismissed for reasons on Appeal Book for C40338.