DATE: 20040630 DOCKET: C40202

COURT OF APPEAL FOR ONTARIO

RE:

TINA KAMERMAN personally and as the Litigation Guardian for the minor Plaintiffs, JOE KAMERMAN, KYLE KAMERMAN and KELSY KAMERMAN and ROSE KAMERMAN (Plaintiffs/ Appellants on Appeal - and - DR. CHRISTINE BLOCH, DR. GEORGE VAUGHAN and SYDENHAM DISTRICK HOSPITAL (Defendants/ Respondent on Appeal Dr. Christine Bloch)

BEFORE:

ABELLA, SIMMONS and JURIANSZ JJ.A.

COUNSEL:

John B. Trinca for the appellants

Andrea H. Plumb for the respondent

HEARD & ENDORSED:

June 29, 2004

On appeal from the judgment of Justice Joseph M.W. Donohue of the Superior Court of Justice dated May 14, 2003.

APPEAL BOOK ENDORSEMENT

[1] The first three grounds of this appeal are fact driven in that the appellant attempts to disturb findings of fact made by the trial judge.

[2] While there may have been some evidence upon which it would have been open to the trial judge to make different findings, the appellant must show the trial judge made palpable and overriding error in order for this court to interfere with his findings.

[3] In our view, the findings of fact made by the trial judge in this case were amply supported by the evidence before him and we see no palpable and overriding error.

[4] In view of this conclusion, it is not necessary to deal with the appellant's submissions in relation to damages.

[5] The respondent is not seeking costs in this case.