DATE: 2003-05-13

DOCKET: C36774

COURT OF APPEAL FOR ONTARIO

RE:

LAWRENCE OMICIUOLO by his Litigation Guardian, GIOVANNA OMICIUOLO (Plaintiff/Appellant) - and - MICHAEL THOMPSON, METROPOLITAN TORONTO POLICE FORCE and THE MUNICIPALITY OF METROPOLITAN TORONTO (Defendants/Respondents)

BEFORE:

BORINS, SHARPE and ARMSTRONG JJ.A.

COUNSEL:

David L. Silverstone

for the appellant

Kevin A. McGivney and Adriana De Marco

for the respondents

HEARD:

May 13, 2003

On appeal from the judgment of Justice Denise E. Bellamy of the Superior Court of Justice dated June 14, 2001.

A P P E A L B O O K E N D O R S E M E N T

[1] The appellant appeals from the dismissal of his claim for damages arising from a motor vehicle accident, as well as from the trial judge’s finding that his damages were not caused by the accident.

[2] Bearing in mind that it is not our function to retry the case, we are satisfied that there was evidence to support the finding of the trial judge that the appellant failed to prove that the respondent was a fault in causing the accident. As the appellant has not succeeded on this aspect of his appeal, it is unnecessary to consider the damages appeal.

[3] Therefore, we would dismiss the appeal with costs on a partial indemnity scale fixed at $17,500 inclusive of disbursements, plus GST.