Court of Appeal for Ontario

Applewood Holdings Inc. v. Allstate Insurance Company of Canada

Date: 2002-10-08

Counsel: Inga B. Andriessen, for the plaintiff/ appellant; Brad G. Hartley, for the defendant/ respondent.

(Appeal No. C38010)

[1] By the Court: In our view, this appeal must be dismissed. The exclusion clause is, as Pitt, J., found and as Ms. Andriessen candidly, and accurately, conceded during her argument, unambiguous. We agree with Pitt, J.'s, interpretation and with his conclusion that the appellant's claim falls within the exclusion clause. Its action was properly dismissed.

[2] The appeal is dismissed with costs, fixed in the sum of $5,000.00.

Appeal dismissed.