Court of Appeal for Ontario

CITATION: Starcevic v. Brinac, 2009 ONCA 224

DATE: 20090313

DOCKET: C49402

Before: Moldaver, Gillese and Armstrong JJ.A.

BETWEEN

Milan Starcevic

Plaintiff (Appellant)

and

Mile Pavicic, Katica Pavicic and Joseph Brinac

Defendant (Respondent)

Counsel:

Stuart Mackay, for the appellant

Raymond F. Leach, for the respondent

Heard: March 12, 2009

On appeal from the judgment of Justice Peter B. Hockin of the Superior Court of Justice dated September 5, 2008.

APPEAL BOOK ENDORSEMENT

[1] We see no basis on which to interfere with the decision below. The motion judge granted the motion for summary judgment because he found that there was no chance of success in respect of the claim against the defendant Brinac.

[2] The motion judge’s determination is based, in large measure, on his view that the plaintiff’s evidence was “so incredible as to be unacceptable to any reasonable trier of fact”. On the record, he was fully justified to that view of the plaintiff’s evidence.

[3] Accordingly, there is no genuine issue in respect of the defendant Brinac which requires a trial. Thus, the appeal is dismissed. Costs to the respondent fixed at $10,000 inclusive of G.S.T. and disbursements.