DOCKET: C37738
COURT OF APPEAL FOR ONTARIO
RE:
SYED FAZAL ABBAS (Appellant/Plaintiff) v. LEILA FATOULLAEVA (Respondent/Defendant)
BEFORE:
DOHERTY, WEILER and SHARPE JJ.A.
COUNSEL:
Syed Abbas
appearing in person
T. MacLennan
for the respondent
HEARD & ENDORSED:
September 15, 2003
On appeal from the judgment of Justice M.A. Sanderson dated January 21, 2002.
A P P E A L B O O K E N D O R S E M E N T
1We did not call on the respondent except in relation to the trial judge’s holding with respect to the “deli” business.
2The holding is in para. 92 of the reasons. We are satisfied that the respondent’s evidence and the appellant’s own conduct in relation to the deli business provided an evidentiary basis for the trial judge’s finding. We cannot interfere.
3The appeal is dismissed. Costs to the respondent fixed in the amount of $2,000.