Court File and Parties

CITATION: Britton Estate v. Partners Graphic Support Service & Supply, 2007 ONCA 652

DATE: 20070921

DOCKET: C45256

COURT OF APPEAL FOR ONTARIO

DOHERTY, LANG and ROULEAU JJ.A.

BETWEEN:

GLENN HUNT, in his capacity as executor for the Estate of JOAN BRITTON

Plaintiff (Appellant)

and

PARTNERS GRAPHIC SUPPORT SERVICE & SUPPLY, DAVID F. LEETHAM and STEPHEN J. WATKINS, 1531203 ONTARIO INC. and 1530786 ONTARIO INC.

Defendants (Respondents)

Andrew MacDonald for the plaintiff (appellant)

Todd Hein for the defendants (respondents)

Heard: September 20, 2007

On appeal from the judgment of Justice Herman J. Wilton-Siegel of the Superior Court of Justice dated March 24, 2006.

APPEAL BOOK ENDORSEMENT

[1] The issue – whether Mr. Britton quit or was fired was fact driven. We are not persuaded that the trial judge made any clear or palpable error in his careful analysis of the evidence.

[2] Nor has the appellant convinced us that the trial judge misapplied the law as it relates to the determination of when an employee will be held to have resigned.

[3] The appeal must be dismissed. The respondent is entitled to costs of the appeal. The respondent suggests $8,900. The appellant accepts that the amount is reasonable. We direct costs in the amount of $8,900.