Ralph D'Angelo

The applicant sought judicial review of a decision by the Director of Arbitrations, which upheld an Arbitrator's dismissal of his claim for statutory accident benefits and ordered him to pay arbitration expenses.

The applicant claimed he was injured on a TTC bus, but initially reported it as a subway accident.

The Divisional Court dismissed the application, finding that the Arbitrator's factual findings and costs order were supported by the evidence and not patently unreasonable.

The appellant sought indemnity and defence costs under a homeowner's policy after judgment was entered against him for injuries arising from a schoolyard fight.

The Court of Appeal held that the policy's exclusion for bodily injury caused intentionally by or at the direction of an insured barred coverage where the appellant intentionally struck the plaintiff.

The court rejected the argument that only the foreseeable injuries were excluded, holding that once an intentional tort is committed, it is irrelevant that the resulting harm is more serious than expected.

The appeal from the special case judgment was dismissed with costs.