Court of Appeal for Ontario

Date: 2018-03-21 Docket: C62706

Judges: Feldman, Cronk and Hourigan JJ.A.

Between

William Alguire Plaintiff (Appellant)

and

The Manufacturers Life Insurance Company c.o.b. as Manulife Financial Defendant (Respondent)

Counsel

For the Appellant: Peter Griffin, Warren Rapoport and Aryan Ziaie

For the Respondent: Robert Harrison and Chad Pilkington

Heard

January 9, 2018

Appeal Information

On appeal from the judgment of Justice James F. Diamond of the Superior Court of Justice dated August 22, 2016, with reasons reported at 2016 ONSC 5295 and from the costs order dated September 27, 2016.

Costs Endorsement

[1] We have reviewed the costs submissions filed by the parties. We do not see any basis for awarding costs on a substantial indemnity basis. The respondent is entitled to its costs of the appeal payable by the appellant on a partial indemnity basis, which we fix at $80,000, inclusive of disbursements and HST.

K. Feldman J.A.

E.A. Cronk J.A.

C.W. Hourigan J.A.