COURT OF APPEAL FOR ONTARIO

CITATION: Silva v. CGU Insurance Company of Canada, 2008 ONCA 32

DATE: 20080118

DOCKET: C45383

WINKLER C.J.O., ROSENBERG and LANG JJ.A.

BETWEEN:

FLOYD SILVA AND LAWRIE CAMPBELL

Plaintiff (Appellant)

and

CGU INSURANCE COMPANY OF CANADA

Defendant (Respondent)

Benjamin Salsberg for the appellant

Martin Titus and Jonathan J. Barr for the respondent

Heard: January 16, 2008

On appeal from the judgment of Justice R.T. Boyko of the Superior Court of Justice dated April 7, 2006.

APPEAL BOOK ENDORSEMENT

[1] In addition to the appellant’s expert fire investigator, the jury was left with the expert opinion of the respondent’s electrical engineer that the building’s permanent wiring, including the particular receptacle, was not the cause of the fire.

[2] Further, the respondent’s expert testified that the cause of the fire was likely the shoddy electrical wiring used for the purposes of the marijuana grow operation located in the room where the fire originated.

[3] Accordingly, there was evidence upon which the jury, acting judicially, could reach its verdict.

[4] The appeal is dismissed. Costs to the respondent fixed in the amount of $4,500, inclusive of disbursements and G.S.T.