Court of Appeal for Ontario
BEFORE: Feldman, Rouleau and Hourigan JJ.A.
BETWEEN
Mixail Gladuhov
Plaintiff (Appellant)
and
Borawski Stanislaw, Kalatcheva Ioulia and Sylvia Swider
Defendants (Respondents)
COUNSEL:
Mixail Gladuhov, acting in person
Michele Brady, for the respondent Sylvia Swider
Heard and released orally: April 2, 2014
On appeal from the judgment of Justice John A.B. Macdonald of the Superior Court of Justice, dated June 26, 2013.
ENDORSEMENT
1The appellant appeals the decision of the motion judge on a Rule 21 motion dismissing his claim as against P.C. Sylvia Swider.
2The appellant sued P.C. Swider alleging that he had suffered damages as a result of alleged false testimony provided by P.C. Swider in a criminal case against him. The motion judge correctly set forth the test under Rule 21 and properly applied that test.
3There was no basis to conclude that the appellant, who was acquitted of the charges, suffered damages by reason of P.C. Swider’s alleged false testimony on a collateral issue at trial.
4The appellant has failed to establish any error in the motion judge’s analysis and there is no basis for intervention by this court.
5The appeal is dismissed.
6Costs fixed at $750 inclusive of disbursements and HST.
“K. Feldman J.A.”
“Paul Rouleau J.A.”
“C.W. Hourigan J.A.”