DATE: 20040614

DOCKET: C39997

COURT OF APPEAL FOR ONTARIO

RE:

GWEN DESPATIE (Plaintiff (Defendant by Counterclaim) (Respondent)) – and – THE CARLETON ROMAN CATHOLIC CHILD CARE CORPORATION (Defendant (Plaintiff by Counterclaim) (Appellant))

BEFORE:

LABROSSE, SHARPE and CRONK, JJ.A.

COUNSEL:

John Read

for The Carleton Roman Catholic Child Care Corporation

Thomas G. Conway and Helen Gray

for Gwen Despatie

HEARD AND ENDORSED:

June 9, 2004

On appeal from the judgment of Justice James B. Chadwick of the Superior Court of Justice, sitting with a jury, dated April 17, 2003.

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

[1] The appellant exercised its rights to have the action tried by a jury. No objection was taken at trial by the appellant to the charge to the jury. As the trial judge noted, credibility was a central issue in this case. The jury verdict must be treated with considerable respect and must be accorded great weight. We are not persuaded that there is any basis upon which to interfere with this verdict.

[2] The respondent is entitled to her costs of the appeal fixed in the amount of $20,000, inclusive of disbursements and Goods and Services Tax.