DATE: 20001114

DOCKET: C32310

COURT OF APPEAL FOR ONTARIO

RE: SILVER JOHNSON, PRECELIA JOHNSON, STELLA JOHNSTON and AKPONOME JOHNSON by his Litigation Guardian SILVER JOHNSON (Plaintiff/Appellant) – and –

THE CORPORATION OF THE CITY OF BRAMPTON (Defendant/Respondent)

BEFORE: MORDEN, GOUDGE AND FELDMAN JJ.A.

COUNSEL: John A. Olah and J. Colin Grant

For the appellant

David G. Boghosian and Johanne Desloges

For the respondent

HEARD: November 7 and 8, 2000

On appeal from the judgment of Justice Joseph Sheard dated May 20, 1999.

E N D O R S E M E N T

[1] The appellant’s main argument is that the trial judge erred in a number of respects in admitting the CAS records. It is not necessary for us to deal with each of these arguments although the hearsay argument may have merit. The trial judge used these records by referring to two passages from the records and considering them in making his finding of credibility.

[2] In our view, his finding of the plaintiff’s lack of credibility is very strongly supported by a number of evidentiary considerations apart from the CAS records. The trial judge makes careful reference to these considerations in the course of his reasons for judgment. In all the circumstances, we are satisfied that there was no substantial wrong or miscarriage.

[3] As to the appellant’s argument that the trial judge applied the wrong onus, we disagree. The finding that the bus was properly brought to a stop by the driver is a complete answer to that argument.

[4] Finally, given these findings, it is unnecessary to deal with the appellant’s threshold argument.

[5] In the result, the appeal is dismissed with costs if demanded.

“J.W. Morden J.A.”

“S.T. Goudge J.A.”

“K. Feldman J.A.”