DATE: 20060523

DOCKET: C43732

COURT OF APPEAL FOR ONTARIO

RE:

CRANE CANADA CO. (Applicant/Respondent) –and- MONTIS SORGIC ASSOCIATES INC., MOHAMED NADEEM, GADI GREENBERG, SHAFI GREENBERG, JUDITH BEADMAN, GEORGE COPELAND, ANTONELLA ALOE, JOSEPH CAMACHO, ROB BALJIT, JAMES BALDWIN and MARY BALDWIN (Respondents/Appellants)

BEFORE:

LABROSSE, MOLDAVER AND FELDMAN JJ.A.

COUNSEL:

Craig S. Burgess

for the appellants

Paul Le Vay

for the respondent

HEARD & ENDORSED:

May 18, 2006

On appeal from the order of Justice Herman of the Superior Court of Justice, dated June 15, 2005 made at Toronto, Ontario.

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

[1] We are alert to the access of justice concerns that are raised as a result of the transfer to the Superior Court. We think that in this case, the balancing of the pros and cons is tipped by the fact that all the claims are subrogated claims brought by one insurer.

[2] In these circumstances, the order was a proper exercise of discretion that should be rarely exercised.

[3] Costs of the appeal fixed at $7,000 to be in the discretion of the trial judge.