CITATION: D'Amore Construction (Windsor) Limited v. 469311 Ontario Limited (Myers Towing), 2010 ONCA 428
DATE: 20100611
DOCKET: C49902
COURT OF APPEAL FOR ONTARIO
Simmons, LaForme and Epstein JJ.A.
BETWEEN:
D’Amore Construction (Windsor) Limited and Precision Builders (Windsor) Limited
Plaintiffs (Appellants)
and
469311 Ontario Limited operating as Myers Towing and Stan Myers
Defendants (Respondents)
Luigi DiPierdomenico, for the appellants
Robert R. Istl, for the respondents
Heard and endorsed: June 9, 2010
On appeal from the Final Order of Justice Renee M. Pomerance of the Superior Court of Justice dated December 16, 2008.
APPEAL BOOK ENDORSEMENT
[1] The police recovered the appellants' stolen backhoe and turned it over to the respondents for storage when they [the police] were unable to find the owner. The trial judge concluded that the respondents had no duty to investigate the ownership of the backhoe because it was responsibility of the police to conduct the investigation. The appellants have demonstrated no error in this conclusion.
[2] The balance of the issues raised by the appellants relate to the trial judge's findings of credibility. The trial judge accepted the evidence of Mr. Myers and explained why. It is not our role to retry this case.
[3] Accordingly, the appeal is dismissed. Costs of the appeal to the respondents on a partial indemnity scale fixed at $7,200 inclusive of disbursements and G.S.T.