COURT OF APPEAL FOR ONTARIO
RE:
ROBERT FRANS DEHART (Appellant/Plaintiff) v. LENARD HERBERT LIND and SUTTON GROUP-SUCCESS REALTY LTD. (Respondents/Defendants)
BEFORE:
DOHERTY, CRONK and MACFARLAND JJ.A.
COUNSEL:
William G. Scott
for the appellant/plaintiff
Charles Baker
for the respondents/defendants
HEARD & ENDORSED:
November 17, 2005
On appeal from the judgment of Justice J.R. McIsaac of the Superior Court of Justice dated July 15, 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 applied the proper standard of proof (balance of probabilities): see para. 15. In determining whether the plaintiff had met that standard, the trial judge was required to consider the cogency of the evidence. In doing so, he was entitled to look for “clear and convincing” evidence given the trial judge’s assessment of the competing positions advanced at trial.
2The appeal is dismissed. Costs to the respondent in the amount of $4,000, inclusive of GST and disbursements.