DATE: 20050627

DOCKET: C42145

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

[1] We 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.

[2] The appeal is dismissed with costs fixed at $12,000, all inclusive.