COURT OF APPEAL FOR ONTARIO

CITATION: Din v. Hage, 2007 ONCA 662

DATE: 20070926

DOCKET: C45732

DOHERTY, LANG and ROULEAU JJ.A.

BETWEEN:

ANILA DIN

Plaintiff

and

CHRISTOPHER M. HAGE, SERGIO H. MARIN-ORTIZ a.k.a. SERGIO H, MARTIN-ORTIZ, JOSE DELA CRUZ, FRANK A. SABETTI, and SECURITY NATIONAL INSURANCE COMPANY

Defendant

(Appellant) (Respondent)

William G. Scott for the appellant

Donald Harvey and Kim Mochizuki for the respondent

Heard: September 20, 2007

On appeal from the judgment of Justice Pepall of the Superior Court of Justice dated July 7, 2006.

APPEAL BOOK ENDORSEMENT

[1] The only claim before the trial judge was a direct claim under the policy and the Act for payment of damages arising from the accident. There was no claim advanced for breach of the contract of insurance.

[2] In our view, the trial judge correctly interpreted the limitation provision in s. 8(3) of the schedule as it applies to the only cause of action asserted by the appellant in her statement of claim.

[3] The appeal is dismissed. On agreement, costs to the respondent in the amount of $6,500.