Court of Appeal for Ontario
Before: Laskin, Feldman and Cronk JJ.A.
Between
The Economical Insurance Group
Applicant (Appellant)
and
Kenneth Fleming and Gabriele Fleming and Rachel Guay, a minor by her Litigation Guardian, Christina Guay
Respondents (Respondents/Intervener)
Counsel:
Jack F. Fitch and Tyler P. Dellow, for the appellant
John H. Cunningham, for the respondents
Michael L. Bennett, for the intervener
Heard: February 3, 2009
On appeal from the order of Justice K.A. Hoilett of the Superior Court of Justice dated September 27, 2007
APPEAL BOOK ENDORSEMENT
1We find no error in the motion judge’s conclusion on waiver. We add that, in our view, this conclusion turns narrowly on the absence of a non-waiver agreement and the particular unambiguous wording and timing of the August 23, 2006 letter.
2Our decision is not intended to make any pronouncement on the general effect of a reservation of rights letter.
3Accordingly, the appeal is dismissed with costs to the respondent in the amount of $10,000, all inclusive, and costs to the intervener in the amount of $3,000, all inclusive.
