Court File and Parties

CITATION: King v. Co-Operators Insurance Company, 2009 ONCA 751

DATE: 20091028

DOCKET: C50386

COURT OF APPEAL FOR ONTARIO

O’Connor A.C.J.O., Juriansz & Rouleau JJ.A.

BETWEEN:

Jolene King

Plaintiff (Appellant)

and

Co-Operators Insurance Company, Jonathan Kahane-Rapport and Kim Hollingsworth

Defendant (Respondent)

Counsel:

Lou Ferro and Jane Poproski, for the appellant

Daniel Himelfarb, for the respondent, Kahane-Rapport

Heard: October 27, 2009

On appeal from the judgment of Justice Ramsay of the Superior Court of Justice dated April 2, 2009.

APPEAL BOOK ENDORSEMENT

[1] We agree with the motion judge that on the facts as pleaded, there is no foundation for a claim of civil conspiracy against the respondent solicitor.

[2] We do not read the motion judge’s reasons as dismissing the claims against the other defendants.

[3] The appeal is dismissed. Costs to the respondent are fixed in the amount of $5,000, inclusive of GST and disbursements.