Hanis v. Teevan, 2008 ONCA 793

CITATION: Hanis v. Teevan, 2008 ONCA 793

DATE: 20081125

DOCKET: C44690

COURT OF APPEAL FOR ONTARIO

Doherty, Sharpe and Gillese JJ.A.

BETWEEN

Edward Hanis

Plaintiff

and

James J. Teevan, Andrew K. Bjerring and The University Of Western Ontario and Glenn Harris, William Trimble and Stewart McBride

Defendants (Respondent)

and

Guardian Insurance Company of Canada, Herald Insurance Company, Crum & Forster of Canada Ltd., Gerling Global Insurance Company and Kansa General Insurance Company Ltd.

Third Parties (Appellant)

Geoffrey D.E. Adair, Q.C., for the appellant

Jane A. Langford and William G. Scott, for the respondent

Heard: March 26, 2008

On appeal from the judgment of Justice Denis J. Power of the Superior Court of Justice dated December 7, 2005 and reported at (2005), 2005 47727 (ON SC), 32 C.C.L.I. (4th) 255.

ENDORSEMENT RE COSTS

[1] We agree with Mr. Adair’s characterization of the issue raised on appeal as a dispute over the allocation of defence costs as between insurer and insured, and not a dispute over the insurer’s duty to defend. The University of Western Ontario is entitled to costs on a partial indemnity basis. We fix those costs at $25,000, inclusive of disbursements and GST.

“Doherty J.A.”

“Robert J. Sharpe J.A.” “Eileen E. Gillese J.A.”