Court File and Parties

COURT OF APPEAL FOR ONTARIO DATE: 20210727 DOCKET: M52381 (C67455)

Judges: 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

Costs Endorsement

[1] AIG, the responding party on the motion, seeks costs on a substantial indemnity basis. The moving parties on the motion (“Lloyd’s Underwriters and the City of Markham”) did not file any written submissions on costs.

[2] This motion for a reconsideration of the court’s decision allowing the appeal was, on any reasonable assessment, totally devoid of merit and bound to fail. AIG was put to needless expense in its response to the motion. AIG is entitled to costs on a substantial indemnity basis. We fix those costs at $13,000, inclusive of disbursements and relevant taxes and payable forthwith.

“Doherty J.A.”

“David Brown J.A.”

“J.A. Thorburn J.A.”