Unique Labeling Inc. v. GCAN Insurance Company

CITATION: Unique Labeling Inc. v. GCAN Insurance Company, 2009 ONCA 636

DATE: 20090902

DOCKET: M37648 & M37707 (C49631)

COURT OF APPEAL FOR ONTARIO

Weiler J.A. (in chambers)

BETWEEN

Unique Labeling Inc., c.o.b. International Private Beverage

Plaintiff (Appellant/Responding Party)

and

GCAN Insurance Company. Economical Mutual Insurance Company, and ING Insurance Company of Canada/Compagnie D’Assurance ING du Canada, c.o.b. Halifax Insurance Company

Defendants (Respondents/Moving Parties)

Counsel:

Donald J. Ross and Christopher Stanek, for the appellant

James G. Norton and Marian Van Hoek, for the respondent GCAN Insurance Company

Marcus B. Snowden and Fabia Wong, for the respondent Economical Mutual Insurance Company

Heard: July 17, 2009

On appeal from the judgment of Justice J. Patrick Moore of the Superior Court of Justice dated October 16, 2008 and reported at [2008] I.L.R. I-4750, and on a motion for security for costs.

Endorsement

Weiler J.A. (in chambers):

[1] I am advised that the parties were unable to resolve the costs of the motion heard by me on July 17, 2009.

[2] I have received costs submissions on behalf of GCAN and Economical and considered them. I have received no costs submissions on behalf of Unique Labeling,

[3] Costs are awarded to each of GCAN and Economical on a partial indemnity basis fixed in the amount of $7,500 and are payable by Unique Labeling on or before September 24, 2009.

"K.M. Weiler J.A."