COURT OF APPEAL FOR ONTARIO
Goudge, MacPherson and Blair JJ.A.
BETWEEN:
Kirkor Barkacin
Plaintiff (Respondent)
and
Grazyna Wasiak
Defendant (Appellant)
R. Breedon, for the appellant
F. Mendes, for the respondent
Heard: November 10, 2009
On appeal from the judgment of Justice D.J. Gordon of the Superior Court of Justice, dated December 31, 2008.
APPEAL BOOK ENDORSEMENT
1In our view a fair reading of the trial judge’s finding about the phone call that is central to the appellant’s submissions is that he accepted the respondent’s evidence about what he said, in preference to Ms. Borjkovic’s version, particularly in light of the respondent’s subsequent confirmatory conduct, and in the context of the balance of the remaining evidence. This finding was entirely open to the trial judge, and we would not interfere with it. On the entirety of the evidence, we find the trial judge’s conclusion that the established practice of the parties concerning lottery tickets, and the nature of their relationship meant that they were to share this prize equally to be entirely reasonable.
2The appeal is dismissed.
3Costs to the respondent of $10,000 all inclusive.
