Court of Appeal for Ontario

CITATION: Carriere v. Scullion, 2009 ONCA 712

DATE: 20091008

DOCKET: C49496

Before: Moldaver, Armstrong and Rouleau JJ.A.

BETWEEN

Marie J. Carriere and Christine Janet Zaremba, a minor by her Litigation Guardian, Marie J. Carriere

Plaintiffs (Appellants)

and

Kevin Scullion, as Litigation Administrator for the Estate of Mike McKinnon

Defendant (Respondent)

Counsel:

Sergio Grillone, for the appellants

Nestor Kostyniuk, for the respondent

Heard: October 7, 2009

On appeal from the order of Justice H. Spiegel of the Superior Court of Justice dated September 17, 2008.

APPEAL BOOK ENDORSEMENT

[1] The appellants argue that the trial judge erred in accepting the opinion evidence tendered on Manitoba law. In their submission, the opinion should not have been applied to the factual situation in this case.

[2] In our view, it was open to the trial judge to accept the opinion and conclude that the appellants’ claim was barred by the Manitoba Act. The expert on Manitoba law tendered an unqualified opinion and there was no opposing opinion.

[3] As a result, the appeal is dismissed. Costs to the respondent in the amount of $5,000 inclusive of GST and disbursements.