Court of Appeal for Ontario

CITATION: 1764139 Ontario Inc. v. Stewart Title Guaranty Company, 2010 ONCA 744

DATE: 20101108

DOCKET: C52003

Rosenberg, MacPherson and LaForme JJ.A.

BETWEEN:

1764139 Ontario Inc.

Applicant (Appellant)

and

Stewart Title Guaranty Company

Respondent (Respondent in Appeal)

Leon Wickham, for the appellant

Cynthia B. Kuehl, for the respondent

Heard and endorsed: November 2, 2010.

On appeal from the judgment of Justice KatherineVan Rensburg of the Superior Court of Justice dated March 18, 2010.

APPEAL BOOK ENDORSEMENT

[1] We agree with the reasons of the application judge. In addition, we agree with the respondent that this claim is barred by the exclusions and exceptions relating to leases. The flaw in the appellant’s argument is the failure to take into account the terms of the insurance policy which governs the right to indemnity.

[2] Accordingly, the appeal is dismissed with costs fixed at $7,791.24 inclusive of disbursements and applicable taxes.