DATE: 20031103

DOCKET: C37438

COURT OF APPEAL FOR ONTARIO

RE:

JAMES HENDERSON (Appellant/Plaintiff) v. ALLSTATE INSURANCE COMPANY OF CANADA (Respondent/Defendant)

BEFORE:

O’CONNOR A.C.J.O., MOLDAVER and GILLESE JJ.A.

COUNSEL:

Appellant appearing in person

Ian Kirby

For the respondent

HEARD & ENDORSED:

October 31, 2003

On appeal from the judgment of Justice Nancy M. Mossip, sitting with a jury, dated November 19, 2001.

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

[1] In our view, there was ample evidence to support the trial judge’s ruling that the appellant was voluntarily unemployed as of September 1993. The appellant did not object to the remainder of the charge to the jury. There is no basis to interfere with the jury’s verdict. The appeal is dismissed.

[2] Costs to the respondent are fixed in the amount of $4,000 inclusive of disbursements and G.S.T., if requested.