RESPONDING MOTION RECORD OF ECONOMICAL MUTUAL INSURANCE COMPANY

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1 Commercial List Court File No. CV CL ONTARIO SUPERIOR COURT OF JUSTICE PART I - IN THE MATTER OF THE INSURANCE COMPANIES ACT, S.C. 1991, c. 47, AS AMENDED, AND THE MUTUAL PROPERTY AND CASUALTY INSURANCE COMPANY WITH NON- MUTUAL POLICYHOLDERS CONVERSION REGULATIONS, SOR/ IN THE MATTER OF A PLAN OF CONVERSION OF ECONOMICAL MUTUAL INSURANCE COMPANY ECONOMICAL MUTUAL INSURANCE COMPANY Applicant RESPONDING MOTION RECORD OF ECONOMICAL MUTUAL INSURANCE COMPANY (MOTION TO APPOINT MEMBERS FOR THE ELIGIBLE POLICYHOLDER COMMITTEES) January 17, 2017 OSLER, HOSKIN & HARCOURT LLP 100 King Street West 1 First Canadian Place Suite 6200, P.O. Box 50 Toronto ON M5X 1B8 Mark A. Gelowitz (LSUC No J) Tel: mgelowitz@osler.com Laura K. Fric (LSUC No Q) Tel: lfric@osler.com Geoffrey J. Hunnisett (LSUC No G) Tel: ghunnisett@osler.com Fax: Lawyers for Economical Mutual Insurance Company

2 Commercial List Court File No. CV CL ONTARIO SUPERIOR COURT OF JUSTICE IN THE MATTER OF THE INSURANCE COMPANIES ACT, S.C. 1991, c. 47, AS AMENDED, AND THE MUTUAL PROPERTY AND CASUALTY INSURANCE COMPANY WITH NON- MUTUAL POLICYHOLDERS CONVERSION REGULATIONS, SOR/ IN THE MATTER OF A PLAN OF CONVERSION OF ECONOMICAL MUTUAL INSURANCE COMPANY ECONOMICAL MUTUAL INSURANCE COMPANY Applicant TABLE OF CONTENTS Tab Page 1 Affidavit of Antonetta Murray, sworn January 17, A Exhibit A, Initial Order of the Honourable Justice Hainey dated 3 July 15, 2016 B Exhibit B, Order of the Honourable Justice Hainey dated 16 September 22, 2016 C Exhibit C, objection of Hobson, et al. 21 D Exhibit D, objection of O Neill 25

3 1 Commercial List Court File No. CV CL ONTARIO SUPERIOR COURT OF JUSTICE IN THE MATTER OF THE INSURANCE COMPANIES ACT, S.C. 1991, c. 47, AS AMENDED, AND THE MUTUAL PROPERTY AND CASUALTY INSURANCE COMPANY WITH NON- MUTUAL POLICYHOLDERS CONVERSION REGULATIONS, SOR/ IN THE MATTER OF A PLAN OF CONVERSION OF ECONOMICAL MUTUAL INSURANCE COMPANY ECONOMICAL MUTUAL INSURANCE COMPANY Applicant AFFIDAVIT OF ANTONETTA MURRAY AND SAY: I, Antonetta Murray, of City of Milton, in the Province of Ontario, MAKE OATH 1. I am a Legal Assistant with the law firm of Osler, Hoskin & Harcourt LLP ( Osler ), lawyers for the Applicant and, as such, have knowledge of the following matters. 2. On July 15, 2016, Justice Hainey made an initial order in this matter (the Initial Order ). Attached as Exhibit A is a copy of the Initial Order. 3. In paragraph 17 of the Initial Order, Justice Hainey ordered: [A]ny eligible policyholder objecting to a Member Applicant being appointed a member of a policyholder committee shall send an objection in writing to the Company by (joininourfuture@economical.com) and by mail (111 Westmount Road South, P.O. Box 2000, Waterloo, Ontario N2J 4S4). To be valid, the objection must be received by the Company no later than five days before the hearing of the Member Appointment Motion. 4. In paragraph 18 of the Initial Order, Justice Hainey ordered:

4 - 2-2 [T]he Company shall, by no later than three days before the hearing of the Member Appointment Motion serve all objections received by the Company pursuant to paragraph 17 of this order on counsel for the eligible policyholders and file such objections with this court. 5. On September 22, 2016, Justice Hainey made an order appointing McCarthy Tétrault LLP ( McCarthy ) as counsel to the class of eligible mutual policyholders, and Thornton Grout Finnigan LLP ( TGF ) as counsel to the class of eligible non-mutual policyholders. Attached as Exhibit B is a copy of that order. 6. Osler sent the objection of William Hobson, William Wayne McKinnon, Allan Beaupre, Dave Macintosh, and Terry Reidel, attached as Exhibit C, to counsel for the eligible mutual policyholders, McCarthy Tétrault LLP ( McCarthy ), on November 24, 2016, and to counsel for the eligible non-mutual policyholders, Thornton Grout Finnigan LLP ( TGF ), on January 17, Osler sent the objection of Michael H. A. O. O Neill, attached as Exhibit D, to McCarthy and TGF on January 16, SWORN BEFORE ME at the City of Toronto, in the Province of Ontario, on January 17 th, COMMISSIONER FOR TAKING AFFIDAVITS Antonetta Murray

5 3 THIS IS EXHIBIT A TO THE AFFIDAVIT OF ANTONETTA MURRAY, SWORN BEFORE ME THIS 17 TH DAY OF JANUARY, 2017 A Commissioner for taking Affidavits, etc.

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18 16 THIS IS EXHIBIT B TO THE AFFIDAVIT OF ANTONETTA MURRAY, SWORN BEFORE ME THIS 17 TH DAY OF JANUARY, 2017 A Commissioner for taking Affidavits, etc.

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23 21 THIS IS EXHIBIT C TO THE AFFIDAVIT OF ANTONETTA MURRAY, SWORN BEFORE ME THIS 17 TH DAY OF JANUARY, 2017 A Commissioner for taking Affidavits, etc.

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27 25 THIS IS EXHIBIT D TO THE AFFIDAVIT OF ANTONETTA MURRAY, SWORN BEFORE ME THIS 17 TH DAY OF JANUARY, 2017 A Commissioner for taking Affidavits, etc

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30 ECONOMICAL MUTUAL INSURANCE COMPANY Applicant Commercial List Court File No. CV CL ONTARIO SUPERIOR COURT OF JUSTICE COMMERCIAL LIST PROCEEDING COMMENCED AT TORONTO RESPONDING MOTION RECORD OF ECONOMICAL MUTUAL INSURANCE COMPANY (MOTION TO APPOINT MEMBERS FOR THE ELIGIBLE POLICYHOLDER COMMITTEES) OSLER, HOSKIN & HARCOURT LLP 100 King Street West 1 First Canadian Place Suite 6200, P.O. Box 50 Toronto ON M5X 1B8 Mark A. Gelowitz (LSUC No J) Tel: mgelowitz@osler.com Laura K. Fric (LSUC No Q) Tel: lfric@osler.com Geoffrey J. Hunnisett (LSUC No G) Tel: ghunnisett@osler.com Fax: Lawyers for Economical Mutual Insurance Company

FACTUM OF THE RESPONDENT, ECONOMICAL MUTUAL INSURANCE COMPANY

FACTUM OF THE RESPONDENT, ECONOMICAL MUTUAL INSURANCE COMPANY Commercial List Court File No. CV-16-11425-00CL ONTARIO SUPERIOR COURT OF JUSTICE IN THE MATTER OF THE INSURANCE COMPANIES ACT, S.C. 1991, c. 47, AS AMENDED, AND THE MUTUAL PROPERTY AND CASUALTY INSURANCE