DATE: 20050704

DOCKET: C39663 M32007

COURT OF APPEAL FOR ONTARIO

RE:

SOUHAM NESRALLAH-GILLIS (Plaintiff (Appellant)) – and – VERA BOCIURKIW and BOHDAN BOCIURKIW (Defendants (Respondents))

BEFORE:

LABROSSE, SHARPE and LANG JJ.A.

COUNSEL:

Souham Nesrallah-Gillis

in person

Brian C. Elkin

for the respondents

HEARD & ENDORSED:

June 30, 2005

On appeal from the judgment of Justice Albert Roy of the Superior Court of Justice, sitting without a jury, dated January 15, 2003.

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

[1] The trial judge found that the appellant was involved in a very minor accident and that the resulting injuries were not serious. He concluded that, on the basis of over-whelming evidence, the appellant had not sustained a serious impairment of an important physical, mental or psychological function pursuant to s. 267.1 of the Insurance Act.

[2] We have not been persuaded by the appellant that the trial judge was in error. The appeal is dismissed with costs fixed at $10,000 inclusive of disbursements and Goods and Services Tax.