COURT OF APPEAL FOR ONTARIO
RE:
GERALD MCDOUGALL (Plaintiff/Appellant) –and- ANDRE LANOUE PONTIAC BUICK INC. CRAIG LANOUE (Defendants/Respondents)
BEFORE:
LASKIN, MACFARLAND AND LAFORME JJ.A.
COUNSEL:
Raymond Colautti
for the appellant
Samuel A. Mossman
for the respondent
HEARD & ENDORSED:
April 13, 2006
On appeal from the order of Justice Richard C. Gates of the Superior Court of Justice, dated December 22, 2004 made at Windsor, Ontario.
A P P E A L B O O K E N D O R S E M E N T
1If this were simply a motion to particularize allegations already in the statement of claim, then the motion was unnecessary. Particulars of the December 14 incident were given on discovery.
2The motion judge, however, fairly looked at the motion as a motion to add a new cause of action. He found non-compensable prejudice and therefore denied the motion to amend.
3In our view, there was an evidentiary basis for this finding. Although we might have come to a different conclusion, we cannot say that the motion judge’s decision was unreasonable.
4The appeal is therefore dismissed without costs.