Court of Appeal for Ontario

DATE: 20011129
DOCKET: C35176

RE: ROBIN FITZPATRICK (Plaintiff/Defendant by counterclaim/Respondent) –and– PETER PAPAS (Defendant/Plaintiff by counterclaim/ appellant)

BEFORE: FINLAYSON, CATZMAN and BORINS JJ.A.

COUNSEL: Paul McKeever, for the appellant Andrew Felker, for the respondent

HEARD: November 26, 2001

RELEASED ORALLY: November 26, 2001

On appeal from the judgment of Justice Jack H. Jenkins dated September 20, 2000 and from the supplementary judgment of Justice Jenkins dated November 10, 2000.

E N D O R S E M E N T

[1] The record in this matter, as the trial judge noted, was unsatisfactory. However, the trial judge considered the matter and made findings that the evidence supports. Certainly, there are no palpable or overriding errors.

[2] The trial judge ordered both punitive damages and costs on a solicitor-and-client basis. He was alive to the distinction between the conduct of the appellant as a party to the partnership arrangements which justified punitive damages for that conduct and the fraud and deception the appellant practised on the court which delayed and frustrated those proceedings.

[3] Accordingly, the appeal is dismissed with costs.

Signed: "G.D. Finlayson J.A." "M.A. Catzman J.A." "S. Borins J.A."