DATE: 20051205
COURT OF APPEAL FOR ONTARIO
RE:
GARDINER’S MILK TRANSPORT LIMITED (Applicant (Respondent in Appeal)) – and – ECONOMICAL MUTUAL INSURANCE COMPANY (Respondent (Appellant))
BEFORE:
ROSENBERG, GOUDGE AND SIMMONS JJ.A.
COUNSEL:
Marcus B. Snowden
for the appellant
Patrick J. Murphy
for the respondent
HEARD & ENDORSED:
December 1, 2005
On appeal from the judgment of Justice Ronald J. Haines of the Superior Court of Justice dated June 20, 2005.
A P P E A L B O O K E N D O R S E M E N T
1In our view there was ample evidence before the application judge to found his conclusion that, given the appellant’s response to the statement of claim, it seems unlikely that it would have acted any differently had it received notice of Mr. McMaster’s letter. There is no basis to interfere with that finding of fact in this court and therefore no basis to interfere with the finding of no prejudice. The appeal must be dismissed. Costs fixed at $11,146.73.