Court of Appeal for Ontario
Before: Laskin, MacPherson and Armstrong JJ.A.
Between:
Themis Themistocleous
Plaintiff (Appellant)
and
Tassos Themistocleous and Ekaterina Leonida Themistocleous
Defendants (Respondents)
Counsel:
J.D. Linton, for the appellant
G.V. Schaffer, for the respondents
Heard: January 6, 2009
On appeal from the judgment of Justice Nick Borkovich of the Superior Court of Justice dated February 6, 2008.
APPEAL BOOK ENDORSEMENT
1The appellant appeals from the judgment of Borkovich J. dated 6 February 2008, dismissing his action for the return of money he claimed was a loan, not a gift, to his son and former daughter-in-law.
2The appellant submits that the trial judge made palpable and overriding errors in certain factual findings which led to an unjust result in this case.
3We disagree. Although the trial judge’s reasons are brief, we cannot see a reversible error in them. Essentially, the trial judge believed the testimony of the appellant’s former daughter-in-law and disbelieved the conflicting testimony of the appellant and his son. He was entitled to do this. Moreover, there is support in the record, including the suspicious timing of the father’s demand for repayment (mere days before the separation of his son and former daughter-in-law) for the trial judge’s decision.
4The appeal is dismissed. Costs to the respondent fixed at $6500 inclusive of disbursements and GST.