COURT OF APPEAL FOR ONTARIO
IN THE MATTER OF THE INSURANCE ACT, R.S.O. 1990, C.I.8, SECTION 275
AND IN THE MATTER OF THE ARBITRATIONS ACT, 1991, CHAPTER 17, S.O. 1991
RE:
ROYAL INSURANCE COMPANY (Applicant/Appellant)
-and- THE WAWANESA MUTUAL INSURANCE COMPANY (Respondent/Respondent)
BEFORE:
LABROSSE, SHARPE and LANG JJ.A.
COUNSEL:
John J. Aikins
for the appellant
Nancy Erickson
for the respondent
HEARD AND ENDORSED:
June 27, 2005
On appeal from the judgment of Justice Erwin W. Stach of the Superior Court of Justice, dated June 23, 2004, dismissing an appeal from the arbitration award of the Hon. Joseph O’Brien, Q.C. dated July 2, 2003.
A P P E A L B O O K E N D O R S E M E N T
1We think that both the arbitrator and Stach J. were correct in their interpretation of “gross vehicle weight” and “trailer”. We see no basis to interfere.
2The appeal is dismissed with costs fixed at $12,000, all inclusive.
