CITATION: Cole v. Four Seasons Aviation Ltd., 2007 ONCA 77

DATE: 20070206

DOCKET: C46201

COURT OF APPEAL FOR ONTARIO

RE:

LEE COLE (Plaintiff/Appellant in Appeal) – and – FOUR SEASONS AVIATION LTD. (Defendant/Respondent in Appeal)

BEFORE:

LASKIN, JURIANSZ JJ.A. and CUNNINGHAM A.C.J. (Ad Hoc)

COUNSEL:

Ronald G. Chapman

for the appellant

John F. Johnson

for the respondent

HEARD & ENDORSED:

February 6, 2007

On appeal from the order of Justice Thea P. Herman of the Superior Court of Justice dated November 2, 2005.

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

[1] The trial judge’s conclusion that the allegations made by the respondent in its defence and counterclaim did not rise to the level of fraud or improper conduct seriously prejudicial to character or reputation was supported by her factual findings, her conclusion dismissing the claim for punitive damages, and the nature of the allegations themselves.

[2] In exercising her discretion, the trial judge considered all the relevant factors. She is entitled considerable deference. We see no basis to interfere.

[3] The appeal is dismissed.

[4] Costs of the motion for leave and of the appeal fixed in the amount of $4,000 inclusive of disbursements and G.S.T.