Court of Appeal for Ontario
Assmann v. Etobicoke (City)
Counsel: Paul J. Green (Reble, Ritchie, Green & Ketcheson), for the defendant/appellant; Harvey Klein (Benson, Percival, Brown), for the plaintiff/respondent.
(C28195)
Endorsement
1By the Court: With respect to liability, we are of the view that the trial judge's findings are reasonable and entirely supported by the evidence. We see no basis to interfere.
2With respect to damages, given the heavy onus on the appellant and the available evidence at trial, we see no basis to interfere with the quantum of damages.
3The appeal is dismissed with costs on a partial indemnity fixed at $15,000.
Appeal dismissed.
