DATE: 20061109

DOCKET: C39657

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

[1] This 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.

[2] Accordingly, the appeal is dismissed with costs to the respondents fixed at $12,500 each inclusive of G.S.T. and disbursements.