CITATION: Gouveia v. Encon Group Inc., 2008 ONCA 745

DATE: 20081029

DOCKET: C48426

COURT OF APPEAL FOR ONTARIO

Moldaver, Armstrong and Blair JJ.A.

BETWEEN:

Patrick A. Gouveia

Applicant (Appellant)

and

Encon Group Inc., Temple Insurance Company, Continental Casualty Company and Certain Underwriters at Lloyd’s London

Respondents (Respondents in Appeal)

Counsel:

Jeffrey S. Leon and Jason W. Woycheshyn for the appellant

Deborah Berlach for the respondent

Heard and endorsed: October 20, 2008

On appeal from the order of Justice James M. Spence of the Superior Court of Justice dated January 31, 2008.

APPEAL BOOK ENDORSEMENT

[1] Despite Mr. Leon’s able argument, we are not persuaded that Spence J. erred in his analysis or conclusion. The manner by which he resolved the ambiguity in Endorsement II achieves commercial realty and reflects the reasonable expectations of the parties. While we accept the proposition that as a general rule, the same words in a contract should be given the same meaning, in this case, to do as Mr. Leon submits would be to effectively re-write the policy and open up a broad area of coverage not contemplated by the parties.

[2] Accordingly, the appeal is dismissed.

[3] Costs to the respondent fixed at $5,500 inclusive of G.S.T. and disbursements.