Court File and Parties

CITATION: Ruffolo v. Sun Life Assurance Company, 2009 ONCA 394

DATE: 20090512

DOCKET: C48470 and C48088

COURT OF APPEAL FOR ONTARIO

Moldaver, Simmons and Blair JJ.A.

BETWEEN

John Ruffolo and Nicole Lepage

Plaintiffs (Appellants)

and

Sun Life Assurance Company of Canada

Defendant (Respondent)

Counsel:

Patricia Jackson, John Terry and Jana Stettner, for the respondent

Scott C. Hutchison and Aaron Dantowitz, for the Law Foundation of Ontario

COSTS ENDORSEMENT

[1] On April 2, 2009, the court released its decision dismissing the appeal and cross-appeal. We have since received and reviewed the submissions of the respondent and of the Law Foundation of Ontario respecting costs and this is our decision in that regard.

[2] The respondent claims fees and disbursements for the appeal on a partial indemnity basis in the total amount of $26,457.59 plus GST. The Law Foundation of Ontario – which has standing because it is responsible for the appellant’s costs – submits that Sun Life’s claim for costs of the appeal should be substantially reduced, having regard to the novel law, public interest factors and access to justice concerns inherent in the case. It submits that an appropriate award in favour of Sun Life would be $12,000, inclusive of the dispersed funds and GST.

[3] In our view, the respondent’s costs on the appeal should be fixed at $18,000, inclusive of disbursements and GST. This amount reflects the nature and length of the appeal, the issues involved, and the fact that the respondent’s cross-appeal was dismissed.

[4] The costs of the appeal and cross-appeal are therefore fixed in the amount of $18,000, inclusive of disbursements and GST.

“M.J. Moldaver J.A.”

“J.M. Simmons J.A.”

“R.A. Blair J.A.”