COURT OF APPEAL FOR ONTARIO
DATE: 20000619
DOCKET: C31142
RE: JOSEPH WOOD (Plaintiff/Appellant) and NOR-SHAM
(MARKHAM) HOTELS INC. (Defendant/Respondent)
BEFORE: CARTHY, AUSTIN AND MOLDAVER JJ.A.
COUNSEL: James Jagtoo
for the appellant
Douglas D. Langley
for the respondent
HEARD: June 13, 2000
On appeal from the judgment of Wilkins J. dated November 20, 1998.
E N D O R S E M E N T
[1] On behalf of the appellant it is argued: first, that in
delivering his reasons for judgment the trial judge substituted
his own reasons for the dismissal of the appellant for those of
the defendant; and second, that although the trial judge raised
the question of whether or not the appellant’s confession was
freely and voluntarily given he never applied that test.
[2] As to the first of these grounds, Ms. Chisholm said that the
appellant was fired because, as a result of his admissions, there
was a question as to whether he could be trusted. The trial
judge did not articulate this reason. He did however make
findings of fact on the basis of the appellant’s admissions which
fully support Ms. Chisholm’s reason.
[3] The second ground raising a question respecting the
voluntariness of the admissions was not pleaded. The evidence
however, does not support any argument that the admissions were
the product of duress or anything approaching it. The trial
judge found, as a fact, that the admissions made by the appellant
were both free and voluntary and that management had no reason to
conclude otherwise. Those findings were open to the trial judge
and we can see no basis for interfering with them.
[4] The appeal must therefore be dismissed with costs.
“J. J. Carthy J.A.”
“Austin J.A.”
“M. Moldaver J.A.”