Court File and Parties

Court of Appeal for Ontario Date: 2021-09-21 Docket: M52381 (C67455)

Before: 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

Endorsement

[1] The court released a costs endorsement on the latest motion in this matter on July 27, 2021. The court indicated that the moving party (respondents in appeal) had not filed any written submissions on costs. It turns out counsel for the moving party did file costs submissions, although those submissions were filed after the deadline and were not forwarded to the panel. Counsel for the moving party has asked us to reconsider our costs disposition in light of those submissions. We have.

[2] We see no reason to vary our costs order made on July 27, 2021. The order stands.

"Doherty J.A."

"David Brown J.A."

"J.A. Thorburn J.A."