CITATION: Thompson v. Sibley, 2008 ONCA 852

DATE: 20081215

DOCKET: C48896

COURT OF APPEAL FOR ONTARIO

Laskin, Gillese and Blair JJ.A.

BETWEEN:

Carlton Thompson, 1253010 Ontario Limited, operating as GX Logistics, Kennedy National Leasing Limited

Appellants

and

Allan Sibley and Madonna Sibley, Joseph Rizzuto, 1421003 Ontario Inc., Carlo Rizzuto, carrying on business under the name and style J.R. Trucking, Pilot Insurance Company and Aviva Canada Inc.

Respondents

John McNeil for the appellants

Gerald A. Swaye Q.C. for Allan and Madonna Sibley Darren M. Delaney for Carlo Rizzuto and J.R. Tucking Francis DeSantis and Andrea Griese for Pilot Insurance Company

Heard: December 15, 2008

On appeal from the order of Justice William Festeryga of the Superior Court of Justice dated May 5, 2008.

APPEAL BOOK ENDORSEMENT

[1] The appeal is dismissed for the reasons expressed by Festeryga J. In our view if the Legislature had intended that the statutory regime established to resolve the distribution of statutory accident benefit losses as between insurers was to deprive injured parties of the rights to sue in tort actions, it would have said so. It did not.

[2] Costs are fixed as follows:

To the plaintiff - $12,000

To the respondent Rizzuto - $3,000

To the respondent Pilot Insurance - $6,000

All inclusive.