CITATION: Wytiuk v. ADT Security Services Canada Inc., 2007 ONCA 112
DATE: 20070221
DOCKET: C43589
COURT OF APPEAL FOR ONTARIO
RE:
RAYMOND M. WYTIUK (Plaintiff/Appellant) – and – ADT SECURITY SERVICES CANADA INC., TOD SISK, THE MOUNT PLEASANT GROUP OF CEMETERIES, OPERATORS OF PROSPECT CEMETERY, CREMATORIUM & MAUSOLEUM, TORONTO POLICE SERVICES BOARD, OFFICER ERIC VLACH and OFFICER BLAIR (Defendants/Respondents)
BEFORE:
SIMMONS, MacFARLAND JJ.A. and PARDU J. (Ad hoc)
COUNSEL:
Howard C. Cohen
for the appellant
Maria Scarfo for the respondents, ADT Security Services Canada Inc., Andrew Weretelnyk for the respondent, Toronto Police Services Board, Officer Eric Vlach and Officer Blair
HEARD & ENDORSED:
February 20, 2007
On appeal from the judgment of Justice Michael R. Dambrot of the Superior Court of Justice dated April 26, 2005.
A P P E A L B O O K E N D O R S E M E N T
[1] The appellant argues that the trial judge ought to have assessed credibility differently and made different findings of fact. The trial judge’s factual findings were reasonably open to him on the evidence before him. The appellant has not demonstrated palpable and overriding error. The appellant does not pursue the ground of reasonable apprehension of bias.
[2] The appellant also raises concerns about the costs award. Costs should follow the result of the trial and we have no basis to say the amount awarded by the trial judge was inappropriate.
[3] The appeal is dismissed with costs fixed in the amount of $7,500, inclusive of disbursements and G.S.T., payable to each of the respondents.