Court File and Parties

CITATION: 1518126 Ontario Inc. v. Hamilton, 2007 ONCA 724

DATE: 20071022

DOCKET: C46263

COURT OF APPEAL FOR ONTARIO

SIMMONS, MACFARLAND AND ROULEAU JJ.A.

BETWEEN:

1518126 ONTARIO INC.

Plaintiff (Respondent on Appeal)

and

KEVIN HAMILTON, BOBBIE McCULLOUGH and JOHN HAMILTON

Defendants (Appellant on Appeal)

Counsel: Ronald G. Chapman for the appellant Kevin Hamilton John R. Crouchman for the respondent

Heard and endorsed: October 18, 2007

On appeal from the judgment of Justice Lynn D. Ratushny of the Superior Court of Justice dated November 16, 2006.

APPEAL BOOK ENDORSEMENT

[1] The trial judge accepted the evidence of the respondent's principal concerning his company's costs and work orders and profit margins. In our view, there was sufficient documentary evidence filed at trial to support the respondent's claim and the trial judge's finding. The appeal is therefore dismissed.

[2] Costs of the appeal are to the respondent in the amount $3494.34 on a partial indemnity scale inclusive of G.S.T. and disbursements.