David Cheifetz

The appellant brought a motion for declaratory orders and appealed an order dismissing a motion to compel the respondent insurer to defend him in certain actions and for summary judgment.

The Court of Appeal dismissed the motion, holding it cannot grant declaratory orders on issues not previously decided by a lower court.

The appeal was also dismissed, as the motion judge made no palpable and overriding error.

The appellants appealed the judgment of the Superior Court of Justice.

The Court of Appeal dismissed the appeal for the reasons given by the lower court judge, awarding costs to the respondent fixed at $10,000.