DATE: 20030409

DOCKET: C36623

COURT OF APPEAL FOR ONTARIO

RE: DOROTHY SHAW (Plaintiff (Appellant) - and - ANDY MASCOLL AND LEN WILLIS (Defendants (Respondents)

BEFORE: ROSENBERG, MACPHERSON and SIMMONS JJ.A.

COUNSEL: Joel E. Hertz For the appellant

Brad Burn For the respondent

HEARD: APRIL 9, 2003

On appeal from the decision of Justice Donald S. Ferguson of the Superior Court of Justice dated June 11, 2001.

APPEAL BOOK E N D O R S E M E N T

[1] The appellant raises two issues. First she says that the trial judge erred in attributing some of her testimony to her mental condition without expert evidence. We do not agree. The trial judge was entitled to rely on his assessment of the appellant’s credibility including her apparent mental condition and did not require expert evidence for that purpose. The second issue concerns the limitation period. The trial judge had ample evidence to find that the limitation period had expired.

[2] The appeal is dismissed with costs fixed at $4,000 inclusive of disbursements and GST.