COURT OF APPEAL FOR ONTARIO
DOHERTY, LANG and ROULEAU JJ.A.
BETWEEN:
ANILA DIN
Plaintiff
and
CHRISTOPHER M. HAGE, SERGIO H. MARIN-ORTIZ a.k.a. SERGIO H, MARTIN-ORTIZ, JOSE DELA CRUZ, FRANK A. SABETTI, and SECURITY NATIONAL INSURANCE COMPANY
Defendant
(Appellant) (Respondent)
William G. Scott for the appellant
Donald Harvey and Kim Mochizuki for the respondent
Heard: September 20, 2007
On appeal from the judgment of Justice Pepall of the Superior Court of Justice dated July 7, 2006.
APPEAL BOOK ENDORSEMENT
1The only claim before the trial judge was a direct claim under the policy and the Act for payment of damages arising from the accident. There was no claim advanced for breach of the contract of insurance.
2In our view, the trial judge correctly interpreted the limitation provision in s. 8(3) of the schedule as it applies to the only cause of action asserted by the appellant in her statement of claim.
3The appeal is dismissed. On agreement, costs to the respondent in the amount of $6,500.
