Court of Appeal for Ontario

Date: 2006-11-20

Docket: C41600 & C41614

Re:

S.D. (Plaintiff/Respondent) – and – R.L. (Defendant/Appellant)

And Re:

S.D. (Plaintiff/Respondent) – and – F.L. (Defendant/Appellant)

Before:

Borins, Gillese JJ.A. and Cunningham A.C.J. (ad hoc)

Counsel:

Howard Markowitz for the appellants

James Herbert for the respondent

Heard & Endorsed:

November 16, 2006

On appeal from the judgment of Justice Katherine E. Swinton of the Superior Court of Justice dated March 2, 2004.

Appeal Book Endorsement

[1] We are not persuaded that the trial judge erred in the findings of fact that she reached and on which she based her conclusion in respect to the liability of the appellants. Her findings of fact are supported by the evidence. We are satisfied that the trial judge reached the correct result. The appeal is dismissed with costs fixed at $10,000, inclusive of disbursements and GST.