COURT OF APPEAL FOR ONTARIO
RE:
LISA LAURICELLA and PAULA LAURICELLA (Plaintiffs/Respondents) v. CITY OF HAMILTON, in its capacity as successor of THE CORPORATION OF THE CITY OF HAMILTON and CITY OF HAMILTON, in its capacity as successor of THE REGIONAL MUNICIPALITY OF HAMILTON-WENTWORTH (Defendant/Appellant)
BEFORE:
DOHERTY, LASKIN and JURIANSZ JJ.A.
COUNSEL:
Gary J. Kuzyk
for the appellant
Ian Newcombe and Hugh Griffith-Jones
for the respondent
HEARD & ENDORSED:
October 19, 2004
On appeal from the judgment of Justice Lofchik of the Superior Court of Justice dated January 17, 2003.
APPEAL BOOK ENDORSEMENT
1We see no legal error in the trial judge’s reasons. His findings of fact are amply supported by the evidence.
2The evidentiary rulings reveal no error in law.
3The “Sanderson” order was appropriate in the light of the correspondence between the parties.
4The costs ordered in favour of the plaintiffs reflect a full consideration of the issues raised on the costs hearing. The trial judge reduced the claim substantially.
5The appeal is dismissed.
6Costs of the appeal for the respondents fixed at $25,000.00 “all in”.