Court of Appeal for Ontario

Tai Foong International Ltd. v. Lombard Canada Ltd.

Date: 2002-02-18

Counsel: Graeme Mew and Graham F. Sirman, for the plaintiff; No counsel listed for the respondent.

(C36294)

[1] By the Court: We agree with the conclusion of Croll, J., that in this case the limitation period in paragraph 4 of the insurance contract bars this action.

[2] There is no suggestion here of contractual language which would leave the effect of precluding all ability on the part of the third party to sue under s. 132 of the Insurance Act. Nor is there any suggestions of conduct of the insured or the insurer that would warrant the engagement of public policy to in any way depart from the result reached below.

[3] We must leave for a future case the determination of whatever, on appropriate facts, either of there circumstances could, as a matter of law, under the contractual limitation period inapplicable to a third party action under s. 132.

[4] The appeal must be dismissed with costs, fixed at $4,500.

Appeal dismissed.