DATE: 20030828

DOCKET: C39553

COURT OF APPEAL FOR ONTARIO

RE:

SAM’S WATCHES & JEWELLERY INC. Carrying on business as SAM’S WATCHES & JEWELLERY (Plaintiff (Appellant)) – and – ZURICH INSURANCE COMPANY ZURICH CANADA (Defendants (Respondents))

BEFORE:

CARTHY, MacPHERSON AND SIMMONS JJ.A.

COUNSEL:

Dominic Campione

for the appellant

Peter F. Yaniszewski

for the respondent

HEARD & ENDORSED:

August 27, 2003

On appeal from the summary judgment of Justice Hugh O’Connell of the Superior Court of Justice dated January 21, 2003.

A P P E A L B O O K E N D O R S E M E N T

[1] We cannot see how the limitation period in the policy can be avoided. His attempt to say he was entitled to a different policy is belied by the plain words of the policy he sued upon. There is no credible issue for trial.

[2] The appeal is dismissed with costs fixed at $5,000 all inclusive.