William Zener

The applicant sought an extension of time to file a Notice of Motion for Leave to Appeal a Superior Court decision that refused leave to appeal an arbitrator's fault determination under the Insurance Act.

The Court of Appeal held that, following Denison Mines and Hillmond, a decision refusing leave to appeal under s. 45(1) of the Arbitration Act is a final order from which there is no appeal, unless the judge mistakenly declined jurisdiction.

Finding that the application judge did not decline jurisdiction but rather exercised it, the Court concluded there was no right of appeal and dismissed the motion for an extension of time.

The minor plaintiff was injured in a motor vehicle accident while riding as a passenger in a stolen car.

He claimed damages against his mother's automobile insurer under the uninsured motorist provisions of the Ontario Standard Automobile Policy (OAP 1).

The insurer moved to determine whether paragraph 1.8.2 of OAP 1 excluded the claim.

The motion judge found the claim was not excluded.

The Court of Appeal allowed the insurer's appeal, holding that the second clause of paragraph 1.8.2 refers to an occupant of 'an automobile' rather than 'the automobile' as defined in the policy, thereby excluding coverage for an occupant of any automobile driven without consent.