CITATION: Case v. Coseco Insurance Company, 2011 ONCA 741

DATE: 20111124

DOCKET: C54082

COURT OF APPEAL FOR ONTARIO

Doherty, Rosenberg and Juriansz JJ.A.

BETWEEN

Kirkpatrick Case, Holly Hemmings-Case, Kemar Case, Kevon Case and Kemoy Case by their Litigation Guardian Kirkpatrick Case

Plaintiffs

and

Coseco Insurance Company

Defendant (Respondent)

and

McCluskey Transportation Services Limited

Defendant (Appellant)

Jay A. Skukowski, for the defendant (appellant)

Kerri Knudsen and Emily Schatzker, for the defendant (respondent)

Heard: November 23, 2011

On appeal from the order of Justice Mullins of the Superior Court of Justice dated June 29, 2011.

APPEAL BOOK ENDORSEMENT

[1] On the undisputed facts, the respondent was entitled to summary judgment on the authority of Finlayson v. GMAC Leaseco Ltd. (2007), 2007 ONCA 557, 86 O.R. (3d) 481.

[2] We need not address the other issues raised.

[3] The appeal is dismissed. Costs to the respondent in the amount of $10,000, inclusive of disbursements and HST.