Court of Appeal for Ontario
Before: Borins, Gillese and Epstein JJ.A.
Between:
Scott Fraser
Plaintiff (Appellant)
and
Holman Exhibits Limited, Wendy Cudney, Dirk Trefzger and Andrew McKay
Defendants (Respondent)
Counsel:
Theodore P. Charney and Rachel Hepburn Craig, for the appellant
Craig Bryson and Norman Groot, for the respondent
Heard: December 2, 2008
On appeal from the order of Justice James M. Spence of the Superior Court of Justice dated February 19, 2008.
APPEAL BOOK ENDORSEMENT
1The plaintiff has abandoned his claim for Wallace damages against McKay. In our view, the facts pleaded against McKay do not support a claim for punitive damages against McKay. We are not prepared to grant leave to amend the statement of claim to plead negligent investigation because nothing has been advanced to support a claim that the plaintiff was dismissed because of an alleged negligent investigation.
2We would, therefore, dismiss the appeal with costs fixed at $5,000 inclusive of disbursements and G.S.T.