COURT FILE NO.: 767/02
DATE: 20041101
ONTARIO
SUPERIOR COURT OF JUSTICE
DIVISIONAL COURT
THEN, CARNWATH AND PITT JJ.
B E T W E E N:
PETER GROSZ and MARIA GROSZ
Appellants (Plaintiffs)
- and -
ALLIANZ INSURANCE COMPANY OF CANADA
Respondent (Defendant)
John P.T. Middlebrook, for the Appellants (Plaintiffs)
Michael S. Schmidt, for the Respondent (Defendant)
HEARD: November 1, 2004
CARNWATH J.: (Orally)
[1] The appeal is dismissed.
[2] The appellants submit the questions to the jury were faulty. No objection was taken to the questions at trial. There is no merit in this ground of appeal.
[3] The appellants submit there was evidence at trial supporting the appellants’ submissions to the jury and that the jury’s findings were perverse. We reject the submission. The jury rejected the evidence of the appellants and found against them; they were entitled to do so on the evidence.
[4] Mr. Justice Cameron made no error in ruling the affidavit of Dr. Mitsui inadmissible. It was produced at the last minute.
[5] The appellants submit that the document prepared by the investigator was not a statement of Mr. Grosz. We reject this submission. Mr. Grosz signed the document saying he read it over carefully and understood it; it became his statement.
[6] The appellants apparently object to the use of the surveillance tapes of the garage and we fail to see how they can do so when they were played at trial by the appellants. The jury then could make what use of the tapes as the jury saw fit. Nothing in the appellants’ submissions on the evidence satisfies us that the jury’s conclusion was so unreasonable and unjust to lead us to conclude that no jury reviewing the evidence as a whole and acting judicially could have reached the verdict it did.
THEN J.
[7] I have endorsed the Appeal Book as follows: “This appeal is dismissed for oral reasons of the Court delivered by Mr. Justice Carnwath. In view of the relief requested in the notice of appeal and specifically where no leave to appeal the quantum of costs at trial has been sought and further on the basis of the record before us, we decline to interfere with the exercise of discretion as to costs awarded by the trial judge. In our view costs of the appeal should follow the result on a partial indemnity basis. Given the nature of the appeal and the amount in issue, it is fair and reasonable to award costs to the respondent fixed in the amount of $3,500 all inclusive.”
THEN J.
CARNWATH J.
PITT J.
Date of Reasons for Judgment: November 1, 2004
Date of Release: November 5, 2004
COURT FILE NO.: 767/02
DATE: 20041101
ONTARIO
SUPERIOR COURT OF JUSTICE
DIVISIONAL COURT
THEN, CARNWATH AND PITT JJ.
B E T W E E N:
PETER GROSZ and MARIA GROSZ
Appellants (Plaintiffs)
- and -
ALLIANZ INSURANCE COMPANY OF CANADA
Respondent (Defendant)
ORAL REASONS FOR JUDGMENT
CARNWATH J.
Date of Reasons for Judgment: November 1, 2004
Date of Release: November 5, 2004