Court of Appeal for Ontario

Assmann v. Etobicoke (City)

Date: 2002-03-14

Counsel: Paul J. Green (Reble, Ritchie, Green & Ketcheson), for the defendant/appellant; Harvey Klein (Benson, Percival, Brown), for the plaintiff/respondent.

(C28195)

Endorsement

[1] By the Court: With respect to liability, we are of the view that the trial judge's findings are reasonable and entirely supported by the evidence. We see no basis to interfere.

[2] With respect to damages, given the heavy onus on the appellant and the available evidence at trial, we see no basis to interfere with the quantum of damages.

[3] The appeal is dismissed with costs on a partial indemnity fixed at $15,000.

Appeal dismissed.