CITATION: Iroquois Falls Community Credit Union Limited v. Co-operators General Insurance Company, 2009 ONCA 475
DATE: 20090612
DOCKET: C48246
COURT OF APPEAL FOR ONTARIO
Doherty, Cronk and Juriansz JJ.A.
BETWEEN
Iroquois Falls Community Credit Union Limited (by its liquidator, The Deposit Insurance Corporation of Ontario)
Plaintiff (Respondent)
and
Co-operators General Insurance Company and Cumis General Insurance Company
Defendants (Appellants)
and
Ruth E. Parisi and Ross, Pope & Company
Third Parties
and
Donna Simmons, Aline LePage, Lana Tremblay, Beverly Devine, Jackie Delaurier, John Moon, Ralph Wilkins, Larry Porter, Frank Lachance, Ron Trottier, Raymond Martineau, Sergio Festarini, Gerald Poirier, and Credit Union Central of Ontario
Fourth Parties
and
Cumis General Insurance Company
Fifth Party
Jamieson Halfnight and Christopher McKibbin, for the appellants
Guy J. Pratte, Jane M. Bachynski, and Derek Leschinsky, for the respondent
Sean Lawler, for the third parties
Sara J. Erskine, for the fourth parties
Heard: November 4, 2008
COSTS ENDORSEMENT
[1] The court allowed this appeal on May 4, 2009 and dismissed the summary judgment motion brought by the respondent DICO. In its reasons, the court rejected many of the appellants’ arguments concerning the interpretation of the bond. The other parties played a limited role on the appeal.
[2] The appellants’ costs of the motion are to be determined on assessment on a partial indemnity scale and are awarded in the cause. The appellants’ costs of the appeal are fixed in the amount of $20,000.00 inclusive of disbursements and G.S.T.
[3] The fourth parties’ costs of the appeal are fixed in the amount of $5000.00 inclusive of disbursements and G.S.T.
[4] There shall be no costs for or against the third parties.
“D. Doherty J.A.”
“E.A. Cronk J.A.”
“R.G. Juriansz J.A.”