DATE: 20040223 DOCKET: C40521

COURT OF APPEAL FOR ONTARIO

RE:

PAMELA MCCRACKEN (Plaintiff/Appellant) - and - VICKI FLOWERS (Defendant/Respondent)

BEFORE:

BORINS, FELDMAN JJ.A. and THEN J. (ad hoc)

COUNSEL:

Joseph Markin for the appellant

Joshua J. Gleiberman for the respondent

HEARD & ENDORSED:

February 23, 2004

On appeal from order of Justice Keith A. Hoilett of the Superior Court of Justice dated July 14, 2003.

APPEAL BOOK ENDORSEMENT

[1] Although the motion judge did not provide reasons for his decision, we are satisfied that to permit this claim to proceed would result in an abuse of the process of the court. Having failed to obtain a remedy through her employer's complaint and grievance procedures, the appellant has turned to the court for a remedy. In our view, the motion judge came to the correct result in applying Rule 25.

[2] Therefore, the appeal is dismissed with costs on a partial indemnity basis fixed at $2,000 inclusive of disbursements, plus GST.