Court of Appeal for Ontario
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
1This was a fact-driven trial. The trial judge’s reasons are thorough and careful.
2We 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.
3The appeal is dismissed. Costs to the respondent in the amount of $10,000, inclusive of GST and disbursements.
