Court of Appeal for Ontario
2013 ONCA 284
DATE: 20130430
DOCKET: C54076, C54123, C55034
O’Connor A.C.J.O.[^1], Rosenberg and Simmons JJ.A.
BETWEEN
Onex Corporation, Gerald W. Schwartz, Christopher A. Govan, Mark Hilson and Nigel Wright
Plaintiffs/Defendants by Counterclaim (Respondents/Cross-Appellants)
and
American Home Assurance Company, Brit Syndicates Ltd. (Lloyd’s Syndicate 2987), Heritage Managing Agency Limited (Lloyd’s Syndicate 3245), XL Insurance Company Limited, Liberty Mutual Insurance Company, Lloyd’s Underwriters Syndicates No. 2623, 0623, 0033 and AIG Europe (UK) Limited, and Houston Casualty Company
Defendants/Plaintiff by Counterclaim American Home (Respondents/Appellant/Respondent on Cross-Appeal)
Geoffrey D. E. Adair, Q.C. and Alexa Sulzenko, for the respondents/cross-appellants
Glenn A. Smith, Rory Gillis and Marcus B. Snowden, for the appellant and respondent on cross-appeal, American Home Assurance Company
Alan L. W. D’Silva, Mark E. Walli and Ellen M. Snow, for the respondents Brit Syndicates Ltd. (Lloyd’s Syndicate 2987), Heritage Managing Agency Limited (Lloyd’s Syndicate 3245) and XL Insurance Company Limited
Heard: June 20, 2012
On appeal and cross-appeal from the judgment of Justice Laurence A. Pattillo of the Superior Court of Justice, dated June 30, 2011, with reasons reported at 2011 ONSC 1142, 98 C.C.L.I. (4th) 228, with supplementary reasons dated August 4, 2011, and on appeal from the judgment of Justice Laurence A. Pattillo of the Superior Court of Justice, dated January 20, 2012.
COSTS ENDORSEMENT
[1] American Home Assurance Company is awarded its costs of the appeal on a partial indemnity scale fixed in the amount of $45,000 inclusive of disbursements and applicable taxes.
[2] American Home Assurance Company, Brit Syndicates Ltd. (Lloyd’s Syndicate 2987), Heritage Managing Agency Limited (Lloyd’s Syndicate 3245) and XL Insurance Company Limited are awarded their costs fixed in the amount of $20,000 inclusive of disbursements and applicable taxes.
“M. Rosenberg J.A.”
“Janet Simmons J.A.”
[^1]: Associate Chief Justice Dennis O’Connor took no part in this decision.