DATE: 20040604

DOCKET: C39219

COURT OF APPEAL FOR ONTARIO

RE:

BEDFORD FURNITURE INDUSTRIES INC. (Appellant) – and – THE CORPORATION OF THE CITY OF NORTH YORK (Defendant (Respondent))

BEFORE:

MOLDAVER, GILLESE and BLAIR JJ.A.

COUNSEL:

Bram M. Zinman

for the appellant

Avril Allen

for the respondent

HEARD & ENDORSED:

June 3, 2004

On appeal from the judgment of Justice Donald Cameron of the Superior Court of Justice dated October 30, 2002.

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 light of those findings, we are satisfied that the trial judge was correct in concluding that in each instance, the appellant failed to establish the element of causation necessary to support its claim. Accordingly, the appeal is dismissed.

[2] Costs to the respondent fixed at $4,090.68 inclusive of GST and disbursements.