DATE: 20060426

DOCKET: C42224

COURT OF APPEAL FOR ONTARIO

RE:

GREG SOMMERARD (Plaintiff/Respondent/Appellant by way of Cross-Appeal) – and – I.B.M. CANADA LTD. and THE GREAT‑WEST LIFE ASSURANCE COMPANY (Defendant/ Appellant/Respondent by way of Cross-Appeal)

BEFORE:

DOHERTY, MOLDAVER and GILLESE JJ.A.

COUNSEL:

J. Lynn Thomson and

Andrew J. McCreary

for the appellant

Richard R. Marks

for the respondent

HEARD:

March 20, 2006

On appeal from judgment of Justice Heidi S. Levenson Polowin of the Superior Court of Justice dated June 30, 2004.

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

[1] We have reviewed the submissions of the parties. As indicated in our reasons released on March 30, 2006, IBM enjoyed substantial success on appeal and is entitled to some part of its costs. We fix those costs at $12,500, all inclusive.

“Doherty J.A.”

“M. J. Moldaver J.A.”

“E. E. Gillese J.A.”