DATE: 20031022

DOCKET: C39175

COURT OF APPEAL FOR ONTARIO

RE:

SALVATORE PICCOLO (Respondent/Plaintiff) v. RICHARD C. WHITE, ROCCO DIBENEDETTO AND 538525 ONTARIO INC., AND ROSS OSMUN (Appellant/Defendant)

BEFORE:

McMURTRY C.J.O., CATZMAN AND ABELLA JJ.A.

COUNSEL:

Timothy P. D. Bates

for the appellant

Alan Lenczner and Claudio Martini

for the respondent

HEARD & ENDORSED:

OCTOBER 22, 2003

On appeal from the judgment of Justice A. Cusinato of the Superior Court of Justice dated October 28, 2002.

A P P E A L B O O K E N D O R S E M E N T

[1] Cases of this nature invariably turn on their own facts. On the facts as found by the trial judge in this case, for which there was support in the evidence, there is no basis for interfering with his conclusion that a fiduciary relationship existed between the appellant and the respondent.

[2] The appeal is therefore dismissed.

[3] Costs to be agreed by counsel or in the failure to agree, written submissions will be made to this court.