DATE: 20060523

DOCKET: C44570

COURT OF APPEAL FOR ONTARIO

RE:

PETAR TUCAKOV (Appellant/Plaintiff) –and- ELEANOR ENGELBERT (Respondent/Defendant)

BEFORE:

LABROSSE, MOLDAVER AND LAFORME JJ.A.

COUNSEL:

Milan Tomasevic

for the appellant

Paul D. Koven

for the respondent

HEARD & ENDORSED:

May 19, 2006

On appeal from the order of Justice Michael R. Dambrot of the Superior Court of Justice, dated November 8, 2005 made at Toronto, Ontario.

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

[1] The letter was sent to the appellant and copied to the Royal College, after the initial complaint and after the appellant was likely told by the College not to contact her.

[2] The conclusion of the motions judge that the correspondence was incidental or “inextricably connected” to the initial complaint to the Royal College is amply supported by the evidence. Privilege applied.

[3] The further conclusion that the action was nothing more than an attempt to seek reprisal against the respondent for filing the complaint was available to the motions judge on the evidence and justifies the costs award.

[4] We see no basis to interfere. The appeal is dismissed with costs fixed at $10,000 all inclusive.