COURT OF APPEAL FOR ONTARIO

DATE: 20031120

DOCKET: C39043

RE:

TINA KOYKKA, ROBIN KOYKKA and ROMAN KOYKKA, an infant under the age of eighteen years by his Litigation Guardian, TINA KOYKKA (Plaintiff (Respondent)) - and - LLEWELLYN HARTWICK (Defendant (Appellant))

BEFORE:

ROSENBERG, MACPHERSON and SHARPE JJ.A.

COUNSEL:

Mark L.J. Edwards

for the appellant

Paul J. Pape

for the respondent

HEARD & ENDORSED:

November 18, 2003

On appeal from the judgment of Justice Robert A. Riopelle of the Superior Court of Justice, sitting with a jury, dated October 1, 2002, made at Timmins, Ontario.

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

[1] We have not been persuaded that this jury’s verdict was perverse. There was evidence both from the plaintiff and the experts upon which the jury could reasonably have come to their conclusion concerning the amount of loss of earnings.

[2] Defence counsel (not Mr. Edwards) did not object at trial to the leading questions put to the plaintiff. The trial judge carefully instructed the jury during the plaintiff’s evidence about the weight to be attached to the contents of the medical records that were put to the plaintiff. The appellant has failed to persuade us that he was prejudiced by the manner in which the examination-in-chief was conducted.

[3] The appeal is dismissed with costs fixed at $25,785.00 inclusive of GST and disbursements.