COURT OF APPEAL FOR ONTARIO
RE:
SOUHAM NESRALLAH-GILLIS (Plaintiff (Appellant)) – and – VERA BOCIURKIW and BOHDAN BOCIURKIW (Defendants (Respondents))
BEFORE:
LABROSSE, SHARPE and LANG JJ.A.
COUNSEL:
Souham Nesrallah-Gillis
in person
Brian C. Elkin
for the respondents
HEARD & ENDORSED:
June 30, 2005
On appeal from the judgment of Justice Albert Roy of the Superior Court of Justice, sitting without a jury, dated January 15, 2003.
A P P E A L B O O K E N D O R S E M E N T
1The trial judge found that the appellant was involved in a very minor accident and that the resulting injuries were not serious. He concluded that, on the basis of over-whelming evidence, the appellant had not sustained a serious impairment of an important physical, mental or psychological function pursuant to s. 267.1 of the Insurance Act.
2We have not been persuaded by the appellant that the trial judge was in error. The appeal is dismissed with costs fixed at $10,000 inclusive of disbursements and Goods and Services Tax.