DATE: 20041123

DOCKET: C41873

COURT OF APPEAL FOR ONTARIO

RE:

JOE SABBAH carrying on business as “BROOKLYN PIZZA” (Plaintiff (Appellant)) – and – WAWANESA MUTUAL INSURANCE COMPANY, CRAWFORD FIORILLO INSURANCE BROKERS LTD. and FANNY SAMOSH ESTATE TRUSTEE OF THE ESTATE OF ERNEST SAMOSH, Deceased (Defendants (Respondents))

BEFORE:

GOUDGE, GILLESE AND JURIANSZ JJ.A.

COUNSEL:

Samy Ouanounou

for the appellant

Frank G. Csathy

for the respondent

HEARD & ENDORSED:

November 22, 2004

On appeal from the judgment of Justice Paul U. Rivard of the Superior Court of Justice dated April 26, 2004.

A P P E A L B O O K E N D O R S E M E N T

[1] In our view it was open to the trial judge to reject the financial planner letter. He did so for proper reasons that did not depend on his understanding of the figures in the letter. It was also open to the trial judge to conclude that simply on the basis of the tax returns (even properly understood) the appellant had not proven economic loss due to the fire for the period following that covered by the policy. The appeal must be dismissed.

[2] Costs fixed at $3000.