Court File and Parties

CITATION: Adjemian v. Brook Crompton North America, 2008 ONCA 882

DATE: 20081222

DOCKET: C49058

COURT OF APPEAL FOR ONTARIO

O’Connor A.C.J.O., Doherty & Moldaver JJ.A.

BETWEEN:

Dolores Adjemian

Plaintiff (Respondent)

and

Brook Crompton North America

Defendant (Appellant)

Counsel:

Albert Campea, for the defendant (appellant)

Daniel A. Lublin, for the plaintiff (respondent)

Heard: December 16, 2008

On appeal from the judgment of Justice Paul Perell of the Superior Court of Justice, dated June 6, 2008.

APPEAL BOOK ENDORSEMENT

[1] The appeal is dismissed. We are of the view that the motion judge could fairly assess the respondent’s mitigation efforts without cross-examination. We see no error in his reasons.

[2] Costs to the respondent are fixed in the amount of $6,000, inclusive of disbursements and GST.