DATE: 20050627

DOCKET: C41204

COURT OF APPEAL FOR ONTARIO

RE:

RODNEY HUNTER (Plaintiff/Appellant) v. RANDY WISMER (Defendant/Respondent)

BEFORE:

McMURTRY C.J.O., CATZMAN AND SIMMONS JJ.A.

COUNSEL:

Peter Feifel

for the appellant

Michael O’Neill

for the respondent

HEARD & ENDORSED:

June 27, 2005

On appeal from the judgment of Justice W. L. Whalen dated December 16, 2003.

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

[1] We agree with the appellant’s counsel that a case of this nature is very fact driven. This reality was indeed fully appreciated by the trial judge who in very carefully prepared reasons found that the appellant by reason of the lack of control of his snowmobile was “wholly at fault through his own negligence”. We are of the view that there was sufficient evidence to support the findings of the trial judge.

[2] The appeal is therefore dismissed.

[3] The respondent is entitled to his costs in the amount of $5,000.00 plus disbursements and GST.