COURT OF APPEAL FOR ONTARIO
RE: Constantino Nava (Plaintiff (Appellant)) – and – Aetna Life Insurance Company of Canada (Defendant (Respondent))
BEFORE: Labrosse, Rosenberg and Gillese JJ.A.
COUNSEL:
Derek Collins
for the appellant
Gordon Jermane
for the respondent
HEARD & ENDORSED: November 15, 2005
On appeal from the Order of Justice Barry H. Matheson of the Superior Court of Justice dated January 14, 2004.
A P P E A L B O O K E N D O R S E M E N T
1The trial judge made a detailed review of the evidence. His conclusion is cryptic. Clearly, the surveillance video had a profound effect on the trial judge. In addition, the trial judge found that Mr. Nava failed to disclose relevant information to his doctors and on his CPP application.
2His decision, which is based on the credibility of the witnesses, is supported by the evidence.
3We are unable to conclude that the trial judge made some palpable and overriding error that would permit this court to interfere.
4The appeal is dismissed with costs fixed at $4, 500.00 inclusive of disbursements and Goods and Services Tax.