DATE: 20060501

DOCKET: C43152

COURT OF APPEAL FOR ONTARIO

RE:

DIANE KAY (Plaintiff (Appellant)) – and – GULIANA D’ORAZIO CAVERSON also known as JULIE CAVERSON (Defendant (Respondent))

BEFORE:

MOLDAVER, GOUDGE AND LANG JJ.A.

COUNSEL:

James A. Kay

for the appellant

Garth Walkden

for the respondent

HEARD:

April 27, 2006

On appeal from the judgment of Justice J. C. Murray of the Superior Court of Justice dated February 17, 2005.

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

[1] This appeal is largely fact-driven. We are not persuaded that the trial judge made any errors in his findings of fact. His conclusion that the appellant did not make out her case against the respondent is unassailable. As for the allegation of bias and trial unfairness, there is no basis, on this record, for these assertions. The appellant did not pursue the appeal from the costs order at trial. Accordingly, the appeal is dismissed with costs to the respondent, fixed on a partial indemnity basis, in the amount of $9,000 inclusive of G.S.T. and disbursements.