Sam's Watches & Jewellry v. Zurich Insurance Company Zurich Canada
The court held the limitation period in the insurance policy was enforceable as written; the appellant's claim to a different policy was contradicted by the policy he sued upon, therefore there was no credible issue for trial and the appeal was dismissed.
Source-derived case information.
- Citation
- C39553
- Parties
- Appellant: Sam's Watches & Jewellery Inc. carrying on business as Sam's Watches & Jewellery; Respondent: Zurich Insurance Company Zurich Canada
- Court
- Court of Appeal for Ontario
- Jurisdiction
- Canada
- Judgment Date
- 28 August 2003
- Procedural Posture
- Civil Collection / Appeal From Summary Judgment
- Outcome
- Appeal dismissed
- Legal Topics
- Policy Limitation Clause, Summary Judgment, Limitation Period
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Sam's Watches & Jewellery Inc. carrying on business as Sam's Watches & Jewellery
Appellant
Zurich Insurance Company Zurich Canada
Respondent
Procedural Posture
Civil Collection / Appeal From Summary Judgment
Legal Issues
- 1 Whether the policy's limitation period could be avoided
- 2 Whether the appellant was entitled to a different policy than the one sued upon
- 3 Whether there was a credible issue for trial such that summary judgment was inappropriate
Ratio Decidendi
The court held the limitation period in the insurance policy was enforceable as written; the appellant's claim to a different policy was contradicted by the policy he sued upon, therefore there was no credible issue for trial and the appeal was dismissed.
Court Disposition
Appeal dismissed
Orders
- Appeal dismissed
- Costs fixed at $5,000 all inclusive
Full Case Text
Judgment text and source record
1 paragraphs
Sam's Watches & Jewellry v. Zurich Insurance Company Zurich Canada Collection Decisions of the Court of Appeal Date 2003-08-28 Docket numbers C39553 Judges Carthy, James Joseph; MacPherson, James C.; Simmons, Janet M. Subject Civil Decision Content DATE: 20030828 DOCKET: C39553 COURT OF APPEAL FOR ONTARIO RE: SAM'S WATCHES & JEWELLERY INC. Carrying on business as SAM'S WATCHES & JEWELLERY (Plaintiff (Appellant)) - and - ZURICH INSURANCE COMPANY ZURICH CANADA (Defendants (Respondents)) BEFORE: CARTHY, MacPHERSON AND SIMMONS JJ.A. COUNSEL: Dominic Campione for the appellant Peter F. Yaniszewski for the respondent HEARD & ENDORSED: August 27, 2003 On appeal from the summary judgment of Justice Hugh O'Connell of the Superior Court of Justice dated January 21, 2003. APPEAL BOOK ENDORSEMENT [1] We cannot see how the limitation period in the policy can be avoided. His attempt to say he was entitled to a different policy is belied by the plain words of the policy he sued upon. There is no credible issue for trial. [2] The appeal is dismissed with costs fixed at $5,000 all inclusive.