Court of Appeal for Ontario

Farrell v. 1151400 Ontario Ltd. (Northwood Buffalo and Exotic Animal Ranch)

Date: 2001-04-05

Counsel: Andrew Felker (Walker Head), for the plaintiffs/respondents; J. Paul Fletcher (Harris Fletcher Telsuk Associates), for the defendants/appellants.

(C33458)

[1] By the Court: Although the trial judge misstated the evidence on some points in his reasons for judgment, we are not persuaded that this can reasonably be considered to have affected the trial judge's findings on the issues of negligence and contributory negligence. His findings on these issues are reasonable and well supported by the evidence. We see no basis for interfering with them. We are also of the view that the evidence supports the trial judge's findings that both individual defendants were occupiers within the meaning of the Occupiers' Liability Act. Finally, the appellant has not persuaded us that the damages awarded are so out of line with awards in like cases so as to justify appellate intervention. The appeal is dismissed with costs.

Appeal dismissed.