DATE: 20041207

DOCKET: C41835

COURT OF APPEAL FOR ONTARIO

RE:

CASSANDRA HERCULES (Plaintiff/Appellant) -and- SUNNYBROOK AND WOMEN’S COLLEGE HEALTH SCIENCES CENTRE, DR. KOFI AMANKWAH and DR. LIE MING LIE (Defendants/Respondents)

BEFORE:

CATZMAN, ROSENBERG and GILLESE JJ.A.

COUNSEL:

Cassandra Hercules the appellant in person

Nina Bombier for the respondents Dr. Kofi Amankwah and Dr. Lie Ming Lie

HEARD AND ENDORSED:

December 6, 2004

On appeal from the judgment of Justice Lee K. Ferrier of the Superior Court of Justice dated April 23, 2004.

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

[1] The appeal is dismissed.

[2] In our view, on the state of the evidence before him, Ferrier J. could have reached no conclusion other than he did, and he made no error in doing so. While we permitted the appellant to make reference to a letter, dated a month after the date of Ferrier J.’s judgment, from Dr. Dyke to the appellant’s solicitor, we do not consider that the letter meets the prerequisites for admission as fresh evidence on appeal and we have not had regard to it in our disposition of the appeal.

[3] The respondents are entitled to their costs of the appeal if demanded. We fix those costs in the sum of $300.00.