Meadowview Heights Ltd. v. Revivo

[2004 41175 (ON SC), 73 O.R. (3d) 777]

80 O.R. (3d) 320

[2006] O.J. No. 228

Docket No.: C42796

Court of Appeal for Ontario

Moldaver, Cronk and LaForme JJ.A.

January 24, 2006

Insurance -- Exclusion clauses -- Homeowners policy excluding claims arising out of ownership, use or operation of any motorized land vehicle -- Insured accidentally starting fire while removing parts from one motor vehicle to use in replica Lamborghini which he was building -- Neither parts car nor replica car operable at time of fire and insured not intending to use parts car as motor vehicle ever again -- Exclusion not applying.

NOTE: The catchlines above relate to a decision of Sanderson J. of the Superior Court of Justice. An appeal of this judgment to the Court of Appeal for Ontario (Moldaver, Cronk and LaForme JJ.A.) was dismissed on January 24, 2006. The appeal book endorsement of the court was as follows:

Robin B. Cumine, for moving party State Farm and Fire Casualty Co. John Burnes and Jeffrey Raphael, for respondent/plaintiff Eli's Auto. Thomas Harley, for respondent Jessie Revivo. Paul Belanger, for respondent Meadowview Heights Ltd. @1 @H

[1] BY THE COURT: -- For the carefully considered reasons of Sanderson J., with which we are in substantial agreement, we would dismiss the appeal. We would only add that in our view, Djepic v. Kuburovic (2006), 2006 578 (ON CA), 80 O.R. (3d) 21, [2006] O.J. No. 97 (C.A.), released January 13, 2006, is not confined to cases involving a duty to defend. Also, we would not give effect to the appellant's "ownership" argument. On the pleaded facts here, the assertions of negligence against the insured are not related to his ownership of the vehicles.

[2] Cost to Mr. Burnes, counsel for respondent Eli's Auto, in total amount of $5,509.36, inclusive of G.S.T. and disbursements. We would make no other costs order.