DATE: 20040226

DOCKET: C38477

COURT OF APPEAL FOR ONTARIO

RE:

ANNA DICARLO (Plaintiff/Respondent) – and – ROBERT LEONE as representative of the members of the LABOURER’S INTERNATIONAL UNION OF NORTH AMERICA LOCAL 1089 (Defendant/Appellant)

BEFORE:

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

COUNSEL:

Arleen Huggins

for the appellant

Donald J. C. Elliott, Q.C.

for the respondent

HEARD & ENDORSED:

February 26, 2004

On appeal from the order of Justice Joseph M. W. Donohue of the Superior Court of Justice dated May 31, 2002.

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

[1] In our view, the record before us falls far short of demonstrating a reasonable apprehension of bias on the part of the trial judge. The trial judge did not err in the manner in which he approached the assessment of the credibility of the witnesses. On the evidence, he was entitled to find that the respondent had not been terminated for cause and, therefore, was wrongfully dismissed. We find no reason to interfere with the trial judge’s assessment of damages. Leave to appeal costs is refused.

[2] The appeal is dismissed. Costs on a partial indemnity basis fixed at $7,000 including disbursements and GST.