Kimyabayki v. Wawanesa Mutual Insurance Company
The court found no error in the motion judge's decision, dismissed the appeal, and awarded costs to the respondent.
Source-derived case information.
- Citation
- 2010 ONCA 335
- Parties
- Appellant: Soroush Kimyabayki; Appellant: Doris Kassim; Appellant: Rajendra Somai; Respondent: The Wawanesa Mutual Insurance Company; Respondent: Ken Maynard Insurance Brokers Ltd.
- Court
- Court of Appeal for Ontario
- Jurisdiction
- Canada
- Judgment Date
- 7 May 2010
- Procedural Posture
- Civil Appeal / Decision on Appeal (court of Appeal for Ontario)
- Outcome
- Appeal dismissed
- Legal Topics
- Appeal, Costs, Review of Motion Judge
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Soroush Kimyabayki
Appellant
Doris Kassim
Appellant
Rajendra Somai
Appellant
The Wawanesa Mutual Insurance Company
Respondent
Ken Maynard Insurance Brokers Ltd.
Respondent
Procedural Posture
Civil Appeal / Decision on Appeal (court of Appeal for Ontario)
Legal Issues
- 1 Whether the motion judge erred in his conclusion
- 2 Whether the respondent is entitled to costs of the appeal
Ratio Decidendi
The court found no error in the motion judge's decision, dismissed the appeal, and awarded costs to the respondent.
Court Disposition
Appeal dismissed
Orders
- Appeal dismissed.
- Respondent shall have its costs of the appeal in the amount of $7,000, all inclusive.
Full Case Text
Judgment text and source record
1 paragraphs
Kimyabayki v. Wawanesa Mutual Insurance Company Collection Decisions of the Court of Appeal Date 2010-05-07 Neutral citation 2010 ONCA 335 Docket numbers C51472 Judges Winkler, Warren Keith; Armstrong, Robert Patrick; Epstein, Gloria Jean Subject Civil Decision Content CITATION: Kimyabayki v. Wawanesa Mutual Insurance Company, 2010 ONCA 335 DATE: 20100506 DOCKET: C51472 COURT OF APPEAL FOR ONTARIO Winkler C.J.O, Armstrong & Epstein JJ.A BETWEEN: Soroush Kimyabayki, Doris Kassim and Rajendra Somai Plaintiffs (Appellants) and The Wawanesa Mutual Insurance Company and Ken Maynard Insurance Brokers Ltd. Defendants (Respondents) Alfred M. Kwinter, for the appellants Derek V. Abreu, for the respondent The Wawanesa Mutual Insurance Company Heard: May 6, 2010 On appeal from the order of Mr. Justice E.P. Belobaba of the Superior Court of Justice dated December 2, 2009. APPEAL BOOK ENDORSEMENT [1] In spite of the able argument of Mr. Kwinter, we are not persuaded that the motion judge made any error in reaching his conclusion. The appeal is therefore dismissed. The respondent shall have its costs of the appeal in the amount of $7,000, all inclusive.