Court of Appeal for Ontario

Date: 2017-04-12 Docket: C62443 Judges: Doherty, MacFarland and Rouleau JJ.A.

Between

Lidia Prisecaru and Corneliu Prisecaru Appellant

and

Intact Insurance Respondent

Counsel

Lidia Prisecaru and Corneliu Prisecaru, appearing in person

Vanda Santini, for the respondent

Heard: April 7, 2017

On appeal from: The judgment of Justice R.D. Reilly of the Superior Court of Justice, dated July 13, 2016.

Appeal Book Endorsement

[1] The appellant sees this as a broad question of fairness and ensuring his family's wellbeing. However, as the trial judge tried to make clear, this was in fact a case about the nature of the insurer's obligation under the contract and their conduct toward the appellant as measured against those obligations. On the trial judge's findings, the insurer fully met its obligations. Those findings were available on the evidence. We cannot interfere with those findings of fact.

[2] The appeal is dismissed. The respondent is entitled to costs. The respondent's request is not unreasonable, however, in the circumstances, we will fix costs at $2,500, if demanded.