DATE: 20060203

DOCKET: C43717

COURT OF APPEAL FOR ONTARIO

RE:

ALBERT EDWARD BLIGHT (Plaintiff/Appellant) – and – AXA and ROYAL & SUNALLIANCE INSURANCE COMPANY OF CANADA (Defendants/Respondents)

BEFORE:

ARMSTRONG, LANG and MACFARLAND JJ.A.

COUNSEL:

Kevin J. Mullington

for the appellant

J. Stephen Cavanagh

for the respondent, Royal & Sunalliance Insurance Company of Canada

HEARD & ENDORSED:

February 2, 2006

On appeal from the order of Justice Thomas J. Lally of the Superior Court of Justice dated May 20, 2005.

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

[1] We agree with the conclusion reached by the motions judge. In our view the cause of the fire was directly related to the use of a motor vehicle and fell within the exclusion clause of the insurance policy. We are not persuaded by the appellant’s submission that there was an independent non automobile related cause of this accident. The appeal is therefore dismissed. The respondent shall have their costs of the appeal fixed at $10,000 inclusive of GST and disbursements.