COURT OF APPEAL FOR ONTARIO
ROSENBERG, LANG and JURIANSZ JJ.A.
BETWEEN:
MICHAEL VENNERI
Plaintiff (Respondent in Appeal)
and
TD GENERAL INSURANCE COMPANY
Defendant (Appellant in Appeal)
Jeffery R. Crannie for the appellant
Timothy R. Pedwell for the respondent
Heard and endorsed: January 18, 2008
On appeal from the order of Justice J.W. Quinn of the Superior Court of Justice dated August 30, 2006.
APPEAL BOOK ENDORSEMENT
1At best clause 14 is ambiguous, in which case the contra proferentem rule applies to require an interpretation favouring the insured.
2Accordingly, the appeal is dismissed with costs fixed at $5,500 inclusive of GST and disbursements.