Court of Appeal for Ontario

Citation: Turner v. Inndirect Enterprises Inc., 2011 ONCA 97

Date: 2011-02-04

Docket: C51415

Before: Rosenberg, Feldman and Juriansz JJ.A.

Between:

Linda Turner

Plaintiff (Respondent)

and

Inndirect Enterprises Inc.

Defendant (Appellant)

Counsel:

J. Michael Mulroy, for the appellant

Kyle C. Armagon, for the respondent

Heard and endorsed: February 3, 2011

On appeal from the judgment of Justice David Salmers of the Superior Court of Justice, dated November 12, 2009.

APPEAL BOOK ENDORSEMENT

[1] The trial judge applied the proper test as set out in Evans v. Teamsters Union, 2008, SCC 20. And based on his findings of fact, which are supported by the evidence, the conclusion that the respondent did not have to return to work was correct.

[2] Accordingly, the appeal is dismissed with costs fixed at $7,500 inclusive of disbursements and HST.