Court File and Parties

Citation: Crosby v. Wharton, 2007 ONCA 631 Date: 2007-09-17 Docket: C44674 Court of Appeal for Ontario

Before: Laskin, Goudge and LaForme JJ.A.

Between:

Marley Crosby, James Arthur Wright and Lawton Raine Crosby Wright, an infant, by his litigation guardian James Arthur Wright and Shane Woods Foster Wright, an infant, by his litigation guardian James Arthur Wright Appellants (Plaintiffs) / Respondents by Cross-Appeal

and

David Wharton and Christi Wharton Respondents (Defendants) / Appellants by Cross-Appeal

Counsel: Stuart J. Brannan for the appellants/respondents by cross-appeal William J. McCorriston and Cindy A. Farrell for the respondents/appellants by cross-appeal

Heard: September 14, 2007

On appeal from the judgment of Justice Janet M. Wilson of the Superior Court of Justice dated December 1, 2005.

Appeal Book Endorsement

[1] The appellants acknowledge that the trial judge’s charge to the jury was excellent. We are not persuaded that the jury’s verdict was unreasonable. To the contrary, the jury’s findings that the respondents were not liable, are amply supported by the evidence.

[2] Accordingly, the appeal is dismissed. The cross-appeal is withdrawn. The costs have been resolved between counsel.