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
1Cases 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.
2The appeal is therefore dismissed.
3Costs to be agreed by counsel or in the failure to agree, written submissions will be made to this court.