DATE: 20041115

DOCKET: C40270

COURT OF APPEAL FOR ONTARIO

RE:

ALBERT JOHN KONING ((Plaintiff (Respondent)) – and – SONYA LEIGH MONTGOMERY (Defendant (Appellant)

BEFORE:

DOHERTY, MOLDAVER and GILLESE JJ.A.

COUNSEL:

Peter M. Callahan

for the appellant

Phyllis Brodkin

for the respondent

HEARD & ENDORSED:

November 9, 2004

On appeal from the judgment of Justice Andromache Karakatsanis of the Superior Court of Justice dated June 3, 2003.

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

[1] The trial judge gave thorough and comprehensive reasons for judgment. Indeed, in our view, they were exemplary. We see no error in her findings of fact or in her application of the law. Accordingly, the appeal is dismissed. Costs to the respondent on a partial indemnity basis fixed at $8,200 inclusive of G.S.T. and disbursements.