COURT OF APPEAL FOR ONTARIO
RE:
RODNEY HUNTER (Plaintiff/Appellant) v. RANDY WISMER (Defendant/Respondent)
BEFORE:
McMURTRY C.J.O., CATZMAN AND SIMMONS JJ.A.
COUNSEL:
Peter Feifel
for the appellant
Michael O’Neill
for the respondent
HEARD & ENDORSED:
June 27, 2005
On appeal from the judgment of Justice W. L. Whalen dated December 16, 2003.
A P P E A L B O O K E N D O R S E M E N T
1We agree with the appellant’s counsel that a case of this nature is very fact driven. This reality was indeed fully appreciated by the trial judge who in very carefully prepared reasons found that the appellant by reason of the lack of control of his snowmobile was “wholly at fault through his own negligence”. We are of the view that there was sufficient evidence to support the findings of the trial judge.
2The appeal is therefore dismissed.
3The respondent is entitled to his costs in the amount of $5,000.00 plus disbursements and GST.