Court of Appeal for Ontario

Walker v. Rosser

Date: 2001-04-04

Counsel: Igor Ellyn, Q.C., for the appellant, Rosser; Timothy P.D. Bates, for the appellants, George Murray & Shipley and Frank Fazio.

(C32835)

[1] By the Court: We see no basis for the trial judge's refusal to accede to the parties' joint request that Michelle Rosser be removed from the action as a party defendant. Further on the basis of the Agreed Statement of Facts filed as fresh evidence on this appeal, we see no basis for the finding of negligence made at trial against her on consent of the parties, the appeal is allowed, the judgment against Michelle Rosser is set aside, para. 1 of the judgment is amended to include Michelle Rosser there by deleting her as a party defendant.

Appeal allowed.