Court of Appeal for Ontario
BEFORE: Rosenberg, Goudge and Feldman JJ.A.
BETWEEN
Elizabeth Pearl Ahiers Plaintiff (Respondent)
and
Salvatore Dibacco Defendant (Appellant)
COUNSEL: Solomon R. Fischhoff, for the appellant Robert N. Kostyniuk, Q.C., for the respondent
HEARD: August 10, 2010
On appeal from the judgments of Justice C. Herold of the Superior Court of Justice dated May 15, 2009 and September 14, 2009.
APPEAL BOOK ENDORSEMENT
1We have not been persuaded that the trial judge made any reviewable error of fact. He explained his credibility findings, and those findings were available on this record. In particular, the trial judge was not bound to accept every aspect of the family physician’s opinion despite the positions of the parties.
2As to costs, we see no error in principle. The trial judge found that the Simplified Procedure would not have been appropriate given the manner in which the defence was conducted. This finding was open to him.
3Accordingly, the appeal is dismissed with costs fixed at $7,500 inclusive of disbursements and applicable taxes.