Court Information and Parties

Court of Appeal for Ontario Date: 2021-07-06 Docket: M52381 (C67455)

Doherty, Brown and Thorburn JJ.A.

Between: The Corporation of the City of Markham Applicant (Respondent in Appeal)

And: AIG Insurance Company of Canada Respondent (“Main Application”/Appellant)

Between: AIG Insurance Company of Canada Applicant (Appellant)

And: Lloyd’s Underwriters and The Corporation of the City of Markham Respondents (“Counter-Application”/Respondents in Appeal)

Counsel: David G. Boghosian and Shaneka Shaw Taylor, for the Corporation of the City of Markham and Lloyd’s Underwriters Marcus B. Snowden and Sébastien A. Kamayah, for AIG Insurance Company of Canada

Heard: In writing

Reasons for Decision

[1] The respondents (moving parties on the motion) moved for a reconsideration of a decision released by this court some 15 months ago. There is no merit to the motion.

[2] The respondents seek to re-argue a legal argument they made and lost on the appeal 15 months ago. In addition to simply repeating the argument made on appeal, the respondents contend they have a better argument now because of subsequent decisions of this court, which they say are inconsistent with the reasons in this case and support their argument.

[3] The finality principle would have little, if any, value if a party could move for reconsideration whenever subsequent decisions provided additional ammunition for argument. When a party believes this court has erred in law, a motion for leave to appeal to the Supreme Court of Canada is the appropriate forum in which to make that argument. In fact, the respondents did just that. Unfortunately, for them, their application for leave to appeal to the Supreme Court of Canada was dismissed. Presumably, the respondents raised the same arguments they now seek to raise on the motion for reconsideration.

[4] A reconsideration of a decided appeal is seldom granted and only in circumstances which are clearly articulated in the controlling case law. None of those circumstances have any application here.

[5] The motion for reconsideration is dismissed. No further motion for reconsideration may be brought without leave of the court.

[6] The appellants (responding parties on the motion) are entitled to their costs. The parties shall exchange written submissions on costs of no more than three pages each within 10 days and file those submissions with the court.

“Doherty J.A.” “David Brown J.A.” “J.A. Thorburn J.A.”