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.