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Ontario Court of Appeal clears the air in grow-op case


January 21, 2008   by Canadian Underwriter


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In a short, four-paragraph endorsement, the Ontario Court of Appeal recently dismissed an appeal in a seemingly run-of-the-mill fire insurance claim. Or was it a run-of-the-mill claim?
The full text of the Ontario Superior Court’s original decision in Silva v. CGU Insurance Company of Canada was not available as of press time. But the Court of Appeal takes only four lines to paint a fairly clear picture as to the facts and issues the claim raised.
Here is the full text of the Ontario Court of Appeal’s endorsement:
“[1] In addition to the appellant’s [i.e. Floyd Silva’s] expert fire investigator, the jury was left with the expert opinion of the respondent’s [i.e. CGU Insurance Company’s] electrical engineer that the building’s permanent wiring, including the particular receptacle, was not the cause of the fire.
“[2] Further, the respondent’s expert testified that the cause of the fire was likely the shoddy electrical wiring used for the purposes of the marijuana grow operation located in the room where the fire originated.
“[3] Accordingly, there was evidence upon which the jury, acting judicially, could reach its verdict.
“[4] The appeal [by Silva] is dismissed”


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