Court of Appeal for Ontario

Citation: Fraser v. McKay, 2008 ONCA 823

Date: 2008-12-03

Docket: C48573

Before: Borins, Gillese and Epstein JJ.A.

Between:

Scott Fraser

Plaintiff (Appellant)

and

Holman Exhibits Limited, Wendy Cudney, Dirk Trefzger and Andrew McKay

Defendants (Respondent)

Counsel:

Theodore P. Charney and Rachel Hepburn Craig, for the appellant

Craig Bryson and Norman Groot, for the respondent

Heard: December 2, 2008

On appeal from the order of Justice James M. Spence of the Superior Court of Justice dated February 19, 2008.

APPEAL BOOK ENDORSEMENT

[1] The plaintiff has abandoned his claim for Wallace damages against McKay. In our view, the facts pleaded against McKay do not support a claim for punitive damages against McKay. We are not prepared to grant leave to amend the statement of claim to plead negligent investigation because nothing has been advanced to support a claim that the plaintiff was dismissed because of an alleged negligent investigation.

[2] We would, therefore, dismiss the appeal with costs fixed at $5,000 inclusive of disbursements and G.S.T.