Royal Insurance Company v. The Wawanesa Mutual Insurance Company
The arbitrator and the trial judge correctly interpreted the statutory terms "gross vehicle weight" and "trailer"; there was no basis for the Court of Appeal to interfere with those interpretations, and the appeal is dismissed.
Source-derived case information.
- Citation
- C42145
- Parties
- Appellant: Royal Insurance Company; Respondent: The Wawanesa Mutual Insurance Company
- Court
- Court of Appeal for Ontario
- Jurisdiction
- Canada
- Judgment Date
- 27 June 2005
- Procedural Posture
- Appeal From Superior Court of Justice of an Arbitration Award Under the Insurance Act S.275 and the Arbitrations Act, 1991 / Court of Appeal Judgment (final Disposition)
- Outcome
- Appeal dismissed
- Legal Topics
- Interpretation of "gross Vehicle Weight", Definition of "trailer", Judicial Review of Arbitration Awards, Costs
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Royal Insurance Company
Appellant
The Wawanesa Mutual Insurance Company
Respondent
Procedural Posture
Appeal From Superior Court of Justice of an Arbitration Award Under the Insurance Act S.275 and the Arbitrations Act, 1991 / Court of Appeal Judgment (final Disposition)
Legal Issues
- 1 Whether the arbitrator correctly interpreted the statutory terms "gross vehicle weight" and "trailer"
- 2 Whether the appellate court should interfere with the arbitrator's interpretation and the trial judge's dismissal of the appeal
- 3 Quantum and allocation of costs
Ratio Decidendi
The arbitrator and the trial judge correctly interpreted the statutory terms "gross vehicle weight" and "trailer"; there was no basis for the Court of Appeal to interfere with those interpretations, and the appeal is dismissed.
Court Disposition
Appeal dismissed
Orders
- Appeal dismissed
- Costs fixed at $12,000, all inclusive
Full Case Text
Judgment text and source record
1 paragraphs
Royal Insurance Company v. The Wawanesa Mutual Insurance Company Collection Decisions of the Court of Appeal Date 2005-06-27 Docket numbers C42145 Judges Labrosse, Jean-Marc; Sharpe, Robert J.; Lang, Susan Elizabeth Subject Civil Decision Content DATE: 20050627 DOCKET: C42145 COURT OF APPEAL FOR ONTARIO IN THE MATTER OF THE INSURANCE ACT, R.S.O. 1990, C.I.8, SECTION 275 AND IN THE MATTER OF THE ARBITRATIONS ACT, 1991, CHAPTER 17, S.O. 1991 RE: ROYAL INSURANCE COMPANY (Applicant/Appellant) -and- THE WAWANESA MUTUAL INSURANCE COMPANY (Respondent/Respondent) BEFORE: LABROSSE, SHARPE and LANG JJ.A. COUNSEL: John J. Aikins for the appellant Nancy Erickson for the respondent HEARD AND ENDORSED: June 27, 2005 On appeal from the judgment of Justice Erwin W. Stach of the Superior Court of Justice, dated June 23, 2004, dismissing an appeal from the arbitration award of the Hon. Joseph O’Brien, Q.C. dated July 2, 2003. APPEAL BOOK ENDORSEMENT [1] We think that both the arbitrator and Stach J. were correct in their interpretation of “gross vehicle weight” and “trailer”. We see no basis to interfere. [2] The appeal is dismissed with costs fixed at $12,000, all inclusive.