DATE: 20061013

DOCKET: C44528 & C44529

COURT OF APPEAL FOR ONTARIO

RE:

PAULA LLOYD (Plaintiff/Respondent in C44528/Appellant in C44529) – and – WINNERS APPAREL LTD. (Defendant/Appellant in C44528/Respondent in C44529)

BEFORE:

LASKIN, MACPHERSON AND LAFORME JJ.A.

COUNSEL:

Allison Taylor

for the appellant/respondent, Winners Apparel Ltd.

Paula Lloyd

in person

HEARD & ENDORSED:

October 5, 2006

On appeal from the Judgment of Justice Janet Wilson of the Superior Court of Justice, dated October 31, 2005.

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 gave thorough reasons for her decision. She extended the notice period by two months because of the way that Winners dismissed Ms. Lloyd. However, the trial judge found that Ms. Lloyd had not established the requirements for an award of aggravated or punitive damages.

[2] We are not persuaded that the trial judge erred in that finding. Accordingly, Ms. Lloyd’s appeal is dismissed.

[3] Winners seeks leave to appeal costs. The trial judge exercised her discretion in awarding no costs of the trial. We see no error in the exercise of that discretion that warrants granting leave. Accordingly, leave to appeal is refused.

[4] Because success has been divided, there shall be no costs of the appeal and the leave to appeal.