Court of Appeal for Ontario

CITATION: Iroquois Falls Power Corp. v. Jacobs Canada Inc., 2008 ONCA 398

DATE: 20080521

DOCKET: C46908

BEFORE: CRONK, JURIANSZ and WATT JJ.A.

BETWEEN:

IROQUOIS FALLS POWER CORP.

Appellant (Plaintiff)

and

JACOBS CANADA INC., MCDERMOTT INCORPORATED, CHUBB INSURANCE COMPANY OF CANADA, and AMERICAN HOME ASSURANCE COMPANY

Respondents (Defendants)

AND BETWEEN

JACOBS CANADA INC. and MCDERMOTT INCORPORATED

Respondents (Plaintiffs by Counterclaim)

and

IROQUOIS FALLS POWER CORP. and COMPUTERSHARE TRUST COMPANY OF CANADA, in its capacity as TRUSTEE OF NORTHLAND POWER INCOME FUND and IROQUOIS FALLS POWER MANAGEMENT INC.

Appellant IFPC (Defendants By Counterclaim)

Counsel:

Warren H.O. Mueller, Q.C. and Robby Bernstein for Iroquois Falls Power Corp.

Duncan W. Glaholt, Q.C. and P.E. Du Vernet for Chubb Insurance Company of Canada and American Home Assurance Company

Robert Rueter and Jordan Nichols for Jacobs Canada Inc. and McDermott Incorporated

Heard: November 13, 2007

On appeal from the judgment of Justice Colin L. Campbell of the Superior Court of Justice dated March 20, 2007 with reasons reported at [2007] O.J. No. 2940.

SUPPLEMENTARY COSTS ENDORSEMENT

[1] Upon considering the written submissions of the parties regarding the costs of the summary judgment motion from which the appeal was taken, we direct that the costs of that motion be fixed by the motion judge in light of the result of the appeal, unfettered by the terms of paragraph 2 of his judgment dated March 20, 2007.

[2] The parties may settle the formal order of this court as provided by the Rules of Civil Procedure.

"E.A. Cronk J.A."

"R.G. Juriansz J.A."

"David Watt J.A."