Court of Appeal for Ontario
Rosenberg, MacPherson and LaForme JJ.A.
BETWEEN:
1764139 Ontario Inc.
Applicant (Appellant)
and
Stewart Title Guaranty Company
Respondent (Respondent in Appeal)
Leon Wickham, for the appellant
Cynthia B. Kuehl, for the respondent
Heard and endorsed: November 2, 2010.
On appeal from the judgment of Justice KatherineVan Rensburg of the Superior Court of Justice dated March 18, 2010.
APPEAL BOOK ENDORSEMENT
1We agree with the reasons of the application judge. In addition, we agree with the respondent that this claim is barred by the exclusions and exceptions relating to leases. The flaw in the appellant’s argument is the failure to take into account the terms of the insurance policy which governs the right to indemnity.
2Accordingly, the appeal is dismissed with costs fixed at $7,791.24 inclusive of disbursements and applicable taxes.