Court of Appeal for Ontario

Citation: Chamberland v. Provincial, 2009 ONCA 733

Date: 2009-10-20

Docket: C49895

Between:

Raymond Chamberland

Plaintiff (Respondent)

and

Kevin Provincial, Jeffrey (Jeff) McLaughlin, Richard St. Martin, Theodore (Ted) Hreljac and Marc Chartier

Defendants (Appellant)

Counsel:

Mark Abradjian and Barry L. Yellin, for the appellant

Richard Guy, for the respondent

Heard: October 19, 2009

On appeal from the judgment of Justice Paul Kane of the Superior Court of Justice dated December 17, 2008.

APPEAL BOOK ENDORSEMENT

[1] This was a fact-driven trial. The trial judge’s reasons are thorough and careful.

[2] We have considered the four specific factual issues effectively argued by counsel. The first, concerning the contents of the conversation among the appellants at the restaurant after Provincial and Chamberland first spoke about the appellant’s claim that he was entitled to a share of the winnings, troubled the court. We are satisfied, however, that there was a basis in Provincial’s evidence to support the trial judge’s findings on this factual issue. In any event, the trial judge’s ultimate conclusions were based on a number of considerations and not any single finding of fact. They were also based on powerful and unassailable findings of credibility. We cannot interfere.

[3] The appeal is dismissed. Costs to the respondent in the amount of $10,000, inclusive of GST and disbursements.