COURT OF APPEAL FOR ONTARIO
RE:
GEORGE MAJOR (Plaintiff/Respondent) v. MACISAAC MINING INDUSTRIES LIMITED, CARRYING ON BUSINESS AS MACISAAC MINING AND TUNELING COMPANY (Defendant/Appellant)
BEFORE:
McMURTRY C.J.O., CATZMAN AND ABELLA JJ.A.
COUNSEL:
Jack Braithwaite
for the appellant
Rod Johansen
for the respondent
HEARD & ENDORSED:
February 12, 2004
On appeal from the judgment of Justice Dunn of the Superior Court of Justice dated February 12, 2003.
A P P E A L B O O K E N D O R S E M E N T
1We see no basis for interfering with the findings of fact made by the trial judge in this. They were available on the record and the trial judge made no palpable and overriding error in his appreciation of the evidence.
2The appeal is therefore dismissed.
3The respondent is entitled to his costs fixed in the amount of $10,000.00.