Court File and Parties
COURT OF APPEAL FOR ONTARIO
Doherty, Cronk and Juriansz JJ.A.
BETWEEN:
Maura McKinley
Appellant/Plaintiff
and
Carmine Egidio Berrardelli, Arcangelo D’Agostino, Nicola Folino and Nicola Alfarano c.o.b. as C.A.N.N. Investments
Respondents/Defendants
Kathleen Erin Cullin, for the appellant
Lucille Shaw, for the respondents
Heard: November 7, 2008
On appeal from the order of Justice J.S. Poupore of the Superior Court of Justice dated February 13, 2008.
APPEAL BOOK ENDORSEMENT
1This case turns on the application of s. 5(1)(b) of The Limitations Act, 2002. The primary facts are not in issue – there is no credibility contest in this case. In the circumstances of this case, there was an evidentiary burden on the plaintiff/appellant to establish due diligence. That burden was not met in this case. The appeal, therefore, is dismissed.
2The respondents are entitled to their costs in the amount of $5,000, inclusive of disbursements and GST.