DATE: 20030916

DOCKET: C37738

COURT OF APPEAL FOR ONTARIO

RE:

SYED FAZAL ABBAS (Appellant/Plaintiff) v. LEILA FATOULLAEVA (Respondent/Defendant)

BEFORE:

DOHERTY, WEILER and SHARPE JJ.A.

COUNSEL:

Syed Abbas

appearing in person

T. MacLennan

for the respondent

HEARD & ENDORSED:

September 15, 2003

On appeal from the judgment of Justice M.A. Sanderson dated January 21, 2002.

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

[1] We did not call on the respondent except in relation to the trial judge’s holding with respect to the “deli” business.

[2] The holding is in para. 92 of the reasons. We are satisfied that the respondent’s evidence and the appellant’s own conduct in relation to the deli business provided an evidentiary basis for the trial judge’s finding. We cannot interfere.

[3] The appeal is dismissed. Costs to the respondent fixed in the amount of $2,000.