Court File and Parties

CITATION: Ovari v. Isaacs, 2007 ONCA 602

DATE: 20070906

DOCKET: C46550

COURT OF APPEAL FOR ONTARIO

O’CONNOR A.C.J.O., MACPHERSON and CRONK JJ.A.

BETWEEN:

TOM OVARI

Plaintiff (Appellant)

and

DAVID ISAACS and REGIONAL MUNICIPALITY OF PEEL POLICE SERVICES BOARD and THE GREATER TORONTO AIRPORTS AUTHORITY

Defendants (Respondents)

Counsel:

Richard Barrett, for the appellant

Bradley Phillips, for the respondent Isaacs

Mahmud Jamal and Neil Paris, for the respondent Greater Toronto Airports Authority

Heard: September 4, 2007

On appeal from the order of Justice S.S. Seppi of the Superior Court of Justice dated December 22, 2006.

APPEAL BOOK ENDORSEMENT

[1] This court’s decision in Scaini v. Prochnicki, 2007 ONCA 63, [2007] O.J. No. 299 is dispositive of this appeal. The motion judge’s consideration of the governing factors was thorough and, on this record, correct. We are satisfied that the motion judge considered and weighed the relevant factors properly and that, as a result, her disposition was just in the circumstances of this case. The appeal is dismissed.

[2] The appellant shall pay the respondents costs in the amount of $1,000 each, inclusive of disbursements and GST. This includes two sets of costs of $1,000 each.