Alguire v. The Manufacturers Life Insurance Company (Manulife Financial)
The court concluded there was no basis for awarding substantial indemnity costs and awarded the respondent partial indemnity costs of $80,000 inclusive of disbursements and HST payable by the appellant.
Source-derived case information.
- Citation
- 2018 ONCA 280
- Parties
- Appellant: William Alguire; Respondent: The Manufacturers Life Insurance Company c.o.b. as Manulife Financial
- Court
- Court of Appeal for Ontario
- Jurisdiction
- Canada
- Judgment Date
- 21 March 2018
- Procedural Posture
- Civil / Appeal Costs Endorsement
- Outcome
- Respondent awarded costs of the appeal on a partial indemnity basis.
- Legal Topics
- Costs of Appeal, Partial Indemnity, Substantial Indemnity, Disbursements and HST
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
William Alguire
Appellant
The Manufacturers Life Insurance Company c.o.b. as Manulife Financial
Respondent
Procedural Posture
Civil / Appeal Costs Endorsement
Legal Issues
- 1 Whether costs should be awarded on a substantial indemnity basis
- 2 Whether respondent is entitled to costs on a partial indemnity basis
- 3 Appropriate quantum of costs
Ratio Decidendi
The court concluded there was no basis for awarding substantial indemnity costs and awarded the respondent partial indemnity costs of $80,000 inclusive of disbursements and HST payable by the appellant.
Court Disposition
Respondent awarded costs of the appeal on a partial indemnity basis.
Orders
- Appellant shall pay respondent costs of the appeal fixed at $80,000 inclusive of disbursements and HST.
Full Case Text
Judgment text and source record
1 paragraphs
Alguire v. The Manufacturers Life Insurance Company (Manulife Financial) Collection Decisions of the Court of Appeal Date 2018-03-21 Neutral citation 2018 ONCA 280 Docket numbers C62706 Judges Feldman, Kathryn N.; Cronk, Eleanore Ann; Hourigan, C. William Subject Civil Decision Content COURT OF APPEAL FOR ONTARIO CITATION: Alguire v. The Manufacturers Life Insurance Company (Manulife Financial), 2018 ONCA 280 DATE: 20180321 DOCKET: C62706 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) Peter Griffin, Warren Rapoport and Aryan Ziaie, for the appellant Robert Harrison and Chad Pilkington, for the respondent Heard: January 9, 2018 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.”