Background:

• The Gills appealed the dismissal of their claim against their insurer, Wawanesa, regarding water damage from a drain on their sun deck.
• The primary issue was whether the drain, located on the sun deck, was covered under the term "within your dwelling" as specified in their insurance policy.

Insurance Policy Interpretation:

• The insurance policy covered damages caused by sewer backup "within your dwelling."
• The policy defined "dwelling" as the building occupied as a private residence, which included the sun deck as part of the building.

Lower Court's Decision:

• The lower court had ruled the sun deck was not "within your dwelling" because it was partially open to the elements, interpreting the term "within" as inside the exterior walls of the house.

Court of Appeal's Decision:

• The appeal court reversed the lower court's decision, stating it failed to consider the entire policy and the intent of coverage inclusively.
• The court held that "within your dwelling" should be understood as covering any part of the building structure, including the sun deck, regardless of its partial exposure to the outdoors.

Outcome:

• The appeal was allowed, and the court ordered Wawanesa to indemnify the Gills for their losses as per the policy terms.

This decision emphasized understanding the insurance policy terms in the context of the entire building structure and the reasonable expectations of an average insurance policyholder.