Court of Appeal for Ontario

Citation: Garland v. Enbridge Gas Distribution Inc., 2008 ONCA 13

Date: 2008-01-10

Docket: C46471

Before: O’CONNOR A.C.J.O., FELDMAN and LANG JJ.A.

Between:

Gordon David Garland

Plaintiff (Appellant)

and

Enbridge Gas Distribution Inc. (formerly The Consumers’ Gas Company Limited)

Defendant (Respondent)

Counsel:

John Navarrete and Xavier Navarrete for the appellant

John J. Longo for the respondent

Barbara L. Grossman and Michael McGowan for the respondent class counsel

Heard: December 21, 2007

On appeal from the order of Justice Cullity of the Superior Court of Justice dated December 8, 2006.

APPEAL BOOK ENDORSEMENT

[1] This appeal has been resolved on consent. The appellant has abandoned his appeal claiming compensation in excess of $95,000.

Class action counsel consents to the payment of $95,000, all inclusive, to the appellant on the basis of his quantum merit claim. These monies are to be paid from the funds that were set aside for class action counsel and for compensation for the appellant as part of the approved settlement. *

[2] No order as to costs.

• We note that the appellant has already been paid $25,000. Thus, the outstanding amount is $70,000.