CITATION: Mirkopoulos v. Crossen, 2007 ONCA 4

DATE: 20070102

DOCKET: C45794

COURT OF APPEAL FOR ONTARIO

RE:

NIKOLAOS MIRKOPOULOS (Applicant/Respondent in Appeal) – and – JULIE HELEN CROSSEN (Respondent/ Appellant in Appeal)

BEFORE:

SHARPE, BLAIR and MACFARLAND JJ.A.

COUNSEL:

D. Smith

for the appellant

Ronald Birken

for the respondent

HEARD & ENDORSED:

December 21, 2006

On appeal from the order of Justice Croll of the Superior Court of Justice dated July 17, 2006.

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

[1] We see no error in the reasons of Croll J. dismissing the appellant’s motion for production from non-parties. She found as a fact that the respondent had no ownership interest or authority over the non-party corporation and concluded that the documents sought were not germane to the litigation and that it would not be unfair to the appellant to proceed to trial without this information. The motion judge applied the correct test and there is no basis for us to interfere with the exercise of her discretion.

[2] The appeal is dismissed. Costs to the respondent fixed at $10,000 inclusive of disbursements and GST.