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
1We 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.
2The appeal is dismissed with costs fixed at $5,000 all inclusive.