Court of Appeal for Ontario

Citation: Aviva Canada Inc. v. Ace Ina Insurance, 2008 ONCA 671

Date: 2008-10-02

Docket: C47162

Before: Doherty, Cronk and MacFarland JJ.A.

Between:

Aviva Canada Inc.

Applicant (Respondent in appeal)

and

Ace Ina Insurance

Respondent (Appellant in appeal)

Counsel:

Stephen R. Moore for the appellant

Joseph W. Griffiths for the respondent

Heard and endorsed: September 30, 2008

On appeal from the judgment of Justice Geoffrey Morawetz of the Superior Court of Justice dated April 24, 2007.

APPEAL BOOK ENDORSEMENT

[1] We would dismiss the appeal. The endorsement in question clearly includes a causal element that excludes coverage for "loss or damage resulting from the ownership, use or operation of the following machinery…". On the agreed facts this causation requirement was not met. We are in substantial agreement with the analysis of Morawetz J. at para 25 – 26, and Arbitrator Fidler in the penultimate paragraph of his reasons.

[2] Costs to the Respondent in the amount of $2,500.