COURT OF APPEAL FOR ONTARIO

Moldaver, Gillese and Armstrong JJ.A.

BETWEEN:

Laura Lockhard

Plaintiff

and

Antonio Quiroz a.k.a. Pablo Quiroz

Defendant/Respondent

and

CAA Insurance Company (Ontario) added by Order pursuant to Section 258(14) of the Insurance Act, R.S.O. 1990, c.I.8

Third Party/Appellant

Andrew Grayson, for the appellant CAA Insurance Company (Ontario)

David Cutler, for the respondent Antonio Quiroz

Heard and endorsed: March 11, 2009

On appeal from the order of Justice Jennifer Mackinnon of the Superior Court of Justice dated July 16, 2008.

APPEAL BOOK ENDORSEMENT

[1] For the reasons of the motion judge, with which we agree, the appeal is dismissed.

[2] Costs to the respondent fixed at $12,000 inclusive of G.S.T. and disbursements.