CITATION: Davis v. Clarica, 2007 ONCA 512

DATE: 20070705

DOCKET: C46245

COURT OF APPEAL FOR ONTARIO

O’CONNOR A.C.J.O., MOLDAVER and ROULEAU JJ.A.

BETWEEN:

CINDY-LOU DAVIS and GERALD DAVIS

Plaintiffs (Appellants)

and

CLARICA LIFE INSURANCE COMPANY

Defendant (Respondent)

Kenneth W. Golish for the appellants

Donna M. Kraft for the respondent

Heard: July 5, 2007

On appeal from the judgment of Justice John H. Brockenshire of the Superior Court of Justice dated February 10, 2004.

APPEAL BOOK ENDORSEMENT

[1] We agree with the trial judge that the appellant failed to establish that the respondent waived the dependency requirement in the insurance policy.

[2] Accordingly, the appeal is dismissed.

[3] The appellant shall pay the respondent’s costs of the appeal fixed in the amount of $10,000, inclusive of disbursements and GST.