Court of Appeal for Ontario

Date: 2018-01-29 Docket: C63915

Judges: Laskin, Sharpe and Fairburn JJ.A.

Between

Berkley Insurance Company Applicant (Respondent)

and

Rob Piroli Construction Inc. Respondent (Appellant)

Counsel

Myron Shulgan, for the appellant

Sonny Ingram, for the respondent

Hearing and Lower Court

Heard: January 25, 2018

On appeal from: The judgment of Justice Perell of the Superior Court of Justice, dated May 25, 2017.

Appeal Book Endorsement

[1] The appellant's principal submission is that the motion judge erred in finding that damages were an inadequate remedy. We disagree. The respondent bargained for security and security differs from damages.

[2] We agree with the reasons of the motion judge, and especially his analysis at para. 11 of his decision. The appeal is dismissed with costs in the agreed amount of $7,500 all in.