DATE: 20061109
COURT OF APPEAL FOR ONTARIO
RE:
MURRAY KEIZER c.o.b. MURRAY KEIZER RENOVATIONS (Appellant) – and – CROWN HEIGHTS COOPERATIVE HOMES INC. and AVRAHAM LEBENFISH (Respondents)
BEFORE:
MOLDAVER, SIMMONS and GILLESE JJ.A.
COUNSEL:
Arnold B. Schwisberg
for the appellant
Bruce Cameron
for the respondent Crown Heights Cooperative Homes Inc.
Howard E. Warren
For the respondent Avraham Lebenfish
HEARD & ENDORSED:
November 7, 2006
On appeal from the judgment of Justice Norman D. Dyson of The Superior Court of Justice dated January 30, 2003.
A P P E A L B O O K E N D O R S E M E N T
1This appeal is essentially fact driven. We are not persuaded that the trial judge made any palpable or overriding error in his findings. The trial judge gave brief but cogent reasons for concluding (a) that there was no contract for the renovation of the 118 bathrooms and, (b) that the plaintiff had failed to discharge his onus of demonstrating that he was slandered by the defendant Mr. Lebenfish. The evidence, in our view, amply supported those findings.
2Accordingly, the appeal is dismissed with costs to the respondents fixed at $12,500 each inclusive of G.S.T. and disbursements.