DATE: 20050208
DOCKET: C41711
COURT OF APPEAL FOR ONTARIO
RE:
SUZANNE FLORENCE UMLAUF and DEREK UMLAUF (Plaintiffs/Appellants) -and- AXA INSURANCE (CANADA) and J.P.D. INSURANCE BROKER AND SERVICES INC. a.k.a. FRUITMAN INSURANCE BROKERS (BRAMPTON) LTD. (Defendants/Respondent)
BEFORE:
CATZMAN, LASKIN and ARMSTRONG JJ.A.
COUNSEL:
Donald A. McNeill
for the appellants
W. Tom McGrenere
for the respondent
HEARD AND ENDORSED:
February 8, 2005
On appeal from the judgment of Justice Bonnie J. Wein of the Superior Court of Justice dated March 24, 2004.
A P P E A L B O O K E N D O R S E M E N T
[1] The trial judge found as a fact that, at the date of the incident, on August 22, 1992, both Derek and Suzanne were named insureds on the Harris Crescent policy. There was evidence to support that finding, and there is no basis for appellate interference with it. We do not agree with Mr. McNeill that the definitions of “you” and “your” and “dwelling” in the policy create an impediment to there being two spouses, one of whom does not live in the same household as the other, named as insureds under the policy. The definition of “you” and “your” is sufficiently broad to permit Derek to be a named insured even though he did not occupy or reside in the Harris Crescent property. The appeal is dismissed with costs fixed in the sum of $5,000, together with disbursements and G.S.T.