2002 CarswellOnt 5090
Society of Lloyd's v. Philip
The Society of Lloyd's, Applicant
and Bruce Blair Philip, Respondent
Ontario Superior Court of Justice
Dilks J.
October 1, 2002
Judgment: October 1, 2002Docket:
02-CV-233546CM3
Proceedings: Affirmed, (April 11,
2003), Doc. CA C39056 (Ont. C.A.)
Counsel: Lawrence Pick, for Applicant
G. Benchetrit, for
Respondent
Subject: Civil Practice and Procedure;
Insurance
Practice.
Insurance.
Statutes considered:
Courts of Justice Act, R.S.O.
1990, c. C.43
s. 121(1) -- referred to
Dilks J.:
THIS APPLICATION, brought by
The Society of Lloyd's, for an order registering in Ontario
a judgment obtained in the United Kingdom, was heard this day at 130 Queen
Street West, Toronto, Ontario.
ON READING the
Affidavit of Mark Hartman sworn July 29, 2002 and the Affidavit of Amy Casella
sworn September 26, 2002, and on hearing the submissions of counsel for The Society of Lloyd's, and counsel
for Bruce Blair Philip, for oral reasons delivered.
1. THIS
COURT ORDERS that the Judgment of the Queens Bench Division of the
High Court of Justice In England dated March 11, 1998 (the
"Judgment"), wherein it was adjudged that The Society of Lloyd's, as
Plaintiff, recover against Bruce Blair Philip, as Defendant, the sum of
£46,720.65, and costs to be taxed, be registered in the Ontario Superior Court
of Justice.
2. THIS
COURT ORDERS that Interest shall accrue on the amount described in
paragraph 1 of this Order at the rate of 8% per year commencing on March 11,
1998.
3. THIS
COURT ORDERS that the amount required to be paid in Canadian currency
to satisfy the Judgment shall be calculated in accordance with the provisions
of Section 121(1) of the Courts of Justice Act, R.S.O.
1990, c. C.43.
4. THIS
COURT ORDERS that there be a stay of execution with respect to
this order, other than the filing
of a writ of seizure and sale, for 60 days from the date hereof, subject to
such further order of this court.
5. THIS
COURT ORDERS that the Respondent pay the Applicant's costs of this
Application fixed at $1,500.00.