Court of Appeal for Ontario

Naseiro v. Creighton

Date: 2000-05-09

Keith Lee-Whiting (Stortini Lee-Whiting), for the defendants/appellants;

Frank I. Liebeck (Niebler, Liebeck, Singer & Associates), for the plaintiff/respondent.

(C32124)

[1] By the Court: We did not call upon counsel for the respondent to respond to any issue except the question of punitive damages. We see no appropriate basis upon which the trial judge saw fit to grant punitive damages beyond the elements that warranted an award of general damages for malicious prosecution and the reference to the appellants' failure to apologize provides no support for an award of punitive damages.

[2] The appeal is allowed to the extent that the award of punitive damages is set aside and is otherwise dismissed. Having regard to the division of success, we make no order as to costs.

Appeal allowed in part.