DATE: 20060419

DOCKET: C42947

COURT OF APPEAL FOR ONTARIO

RE:

GERALD MCDOUGALL (Plaintiff/Appellant) –and- ANDRE LANOUE PONTIAC BUICK INC. CRAIG LANOUE (Defendants/Respondents)

BEFORE:

LASKIN, MACFARLAND AND LAFORME JJ.A.

COUNSEL:

Raymond Colautti

for the appellant

Samuel A. Mossman

for the respondent

HEARD & ENDORSED:

April 13, 2006

On appeal from the order of Justice Richard C. Gates of the Superior Court of Justice, dated December 22, 2004 made at Windsor, Ontario.

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

[1] If this were simply a motion to particularize allegations already in the statement of claim, then the motion was unnecessary. Particulars of the December 14 incident were given on discovery.

[2] The motion judge, however, fairly looked at the motion as a motion to add a new cause of action. He found non-compensable prejudice and therefore denied the motion to amend.

[3] In our view, there was an evidentiary basis for this finding. Although we might have come to a different conclusion, we cannot say that the motion judge’s decision was unreasonable.

[4] The appeal is therefore dismissed without costs.