COURT OF APPEAL FOR ONTARIO
RE:
PAULA LLOYD (Plaintiff/Respondent in C44528/Appellant in C44529) – and – WINNERS APPAREL LTD. (Defendant/Appellant in C44528/Respondent in C44529)
BEFORE:
LASKIN, MACPHERSON AND LAFORME JJ.A.
COUNSEL:
Allison Taylor
for the appellant/respondent, Winners Apparel Ltd.
Paula Lloyd
in person
HEARD & ENDORSED:
October 5, 2006
On appeal from the Judgment of Justice Janet Wilson of the Superior Court of Justice, dated October 31, 2005.
A P P E A L B O O K E N D O R S E M E N T
1The trial judge gave thorough reasons for her decision. She extended the notice period by two months because of the way that Winners dismissed Ms. Lloyd. However, the trial judge found that Ms. Lloyd had not established the requirements for an award of aggravated or punitive damages.
2We are not persuaded that the trial judge erred in that finding. Accordingly, Ms. Lloyd’s appeal is dismissed.
3Winners seeks leave to appeal costs. The trial judge exercised her discretion in awarding no costs of the trial. We see no error in the exercise of that discretion that warrants granting leave. Accordingly, leave to appeal is refused.
4Because success has been divided, there shall be no costs of the appeal and the leave to appeal.