COURT OF APPEAL FOR ONTARIO
RE:
BEDFORD FURNITURE INDUSTRIES INC. (Appellant) – and – THE CORPORATION OF THE CITY OF NORTH YORK (Defendant (Respondent))
BEFORE:
MOLDAVER, GILLESE and BLAIR JJ.A.
COUNSEL:
Bram M. Zinman
for the appellant
Avril Allen
for the respondent
HEARD & ENDORSED:
June 3, 2004
On appeal from the judgment of Justice Donald Cameron of the Superior Court of Justice dated October 30, 2002.
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 light of those findings, we are satisfied that the trial judge was correct in concluding that in each instance, the appellant failed to establish the element of causation necessary to support its claim. Accordingly, the appeal is dismissed.
2Costs to the respondent fixed at $4,090.68 inclusive of GST and disbursements.