CITATION: Venneri v. TD General Insurance Company, 2008 ONCA 42

DATE: 20080122

DOCKET: C46037

COURT OF APPEAL FOR ONTARIO

ROSENBERG, LANG and JURIANSZ JJ.A.

BETWEEN:

MICHAEL VENNERI

Plaintiff (Respondent in Appeal)

and

TD GENERAL INSURANCE COMPANY

Defendant (Appellant in Appeal)

Jeffery R. Crannie for the appellant

Timothy R. Pedwell for the respondent

Heard and endorsed: January 18, 2008

On appeal from the order of Justice J.W. Quinn of the Superior Court of Justice dated August 30, 2006.

APPEAL BOOK ENDORSEMENT

[1] At best clause 14 is ambiguous, in which case the contra proferentem rule applies to require an interpretation favouring the insured.

[2] Accordingly, the appeal is dismissed with costs fixed at $5,500 inclusive of GST and disbursements.