DATE: 20060126

DOCKET: C42353

COURT OF APPEAL FOR ONTARIO

RE:

GAUTHIER BONGELI (Plaintiff/Appellant) – and – CITIBANK CANADA (Defendant/Respondent)

BEFORE:

GILLESE, BLAIR and JURIANSZ JJ.A.

COUNSEL:

Elizabeth A. Dyke

for the appellant

Andrea J. York

for the respondent

HEARD & ENDORSED:

January 26, 2006

On appeal from the judgment of Justice W. Brian Trafford of the Superior Court of Justice dated August 6, 2004.

A P P E A L B O O K E N D O R S E M E N T

[1] The appellant takes issue with the trial judge’s findings of fact and credibility. The standard of renew for such findings is well known. The appellant must show the trial judge made a “palpable and overriding error”.

[2] The appellant has not persuaded us that there is any basis to interfere with the trial judge’s findings of fact and credibility. We are of the view that the trial judge was amply justified on the record to conclude that the respondent had a reasonable basis on which to make the allegations that it did. Accordingly, the appeal is dismissed with costs to the respondent fixed at $24,000 inclusive.