COURT OF APPEAL FOR ONTARIO
O’CONNOR A.C.J.O., MOLDAVER and ROULEAU JJ.A.
BETWEEN:
CINDY-LOU DAVIS and GERALD DAVIS
Plaintiffs (Appellants)
and
CLARICA LIFE INSURANCE COMPANY
Defendant (Respondent)
Kenneth W. Golish for the appellants
Donna M. Kraft for the respondent
Heard: July 5, 2007
On appeal from the judgment of Justice John H. Brockenshire of the Superior Court of Justice dated February 10, 2004.
APPEAL BOOK ENDORSEMENT
1We agree with the trial judge that the appellant failed to establish that the respondent waived the dependency requirement in the insurance policy.
2Accordingly, the appeal is dismissed.
3The appellant shall pay the respondent’s costs of the appeal fixed in the amount of $10,000, inclusive of disbursements and GST.