DATE: 20040213

DOCKET: C39712

COURT OF APPEAL FOR ONTARIO

RE:

GEORGE MAJOR (Plaintiff/Respondent) v. MACISAAC MINING INDUSTRIES LIMITED, CARRYING ON BUSINESS AS MACISAAC MINING AND TUNELING COMPANY (Defendant/Appellant)

BEFORE:

McMURTRY C.J.O., CATZMAN AND ABELLA JJ.A.

COUNSEL:

Jack Braithwaite

for the appellant

Rod Johansen

for the respondent

HEARD & ENDORSED:

February 12, 2004

On appeal from the judgment of Justice Dunn of the Superior Court of Justice dated February 12, 2003.

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

[1] We see no basis for interfering with the findings of fact made by the trial judge in this. They were available on the record and the trial judge made no palpable and overriding error in his appreciation of the evidence.

[2] The appeal is therefore dismissed.

[3] The respondent is entitled to his costs fixed in the amount of $10,000.00.