Court of Appeal for Ontario

CITATION: Gladuhov v. Stanislaw, 2014 ONCA 304

DATE: 20140417

DOCKET: C57371

BEFORE: Feldman, Rouleau and Hourigan JJ.A.

BETWEEN

Mixail Gladuhov

Plaintiff (Appellant)

and

Borawski Stanislaw, Kalatcheva Ioulia and Sylvia Swider

Defendants (Respondents)

COUNSEL:

Mixail Gladuhov, acting in person

Michele Brady, for the respondent Sylvia Swider

Heard and released orally: April 2, 2014

On appeal from the judgment of Justice John A.B. Macdonald of the Superior Court of Justice, dated June 26, 2013.

ENDORSEMENT

[1] The appellant appeals the decision of the motion judge on a Rule 21 motion dismissing his claim as against P.C. Sylvia Swider.

[2] The appellant sued P.C. Swider alleging that he had suffered damages as a result of alleged false testimony provided by P.C. Swider in a criminal case against him. The motion judge correctly set forth the test under Rule 21 and properly applied that test.

[3] There was no basis to conclude that the appellant, who was acquitted of the charges, suffered damages by reason of P.C. Swider’s alleged false testimony on a collateral issue at trial.

[4] The appellant has failed to establish any error in the motion judge’s analysis and there is no basis for intervention by this court.

[5] The appeal is dismissed.

[6] Costs fixed at $750 inclusive of disbursements and HST.

“K. Feldman J.A.”

“Paul Rouleau J.A.”

“C.W. Hourigan J.A.”