Court of Appeal for Ontario

Citation: Kimyabayki v. Wawanesa Mutual Insurance Company, 2010 ONCA 335

Date: 20100506

Docket: C51472

Before: Winkler C.J.O, Armstrong & Epstein JJ.A

Between:

Soroush Kimyabayki, Doris Kassim and Rajendra Somai

Plaintiffs (Appellants)

and

The Wawanesa Mutual Insurance Company and Ken Maynard Insurance Brokers Ltd.

Defendants (Respondents)

Counsel:

Alfred M. Kwinter, for the appellants

Derek V. Abreu, for the respondent The Wawanesa Mutual Insurance Company

Heard: May 6, 2010

On appeal from the order of Mr. Justice E.P. Belobaba of the Superior Court of Justice dated December 2, 2009.

APPEAL BOOK ENDORSEMENT

[1] In spite of the able argument of Mr. Kwinter, we are not persuaded that the motion judge made any error in reaching his conclusion. The appeal is therefore dismissed. The respondent shall have its costs of the appeal in the amount of $7,000, all inclusive.