Filanovsky v. Filanovsky

Filanovsky v. Filanovsky

The Court dismissed the appeal: the trial judge made a reasoned credibility determination after reviewing all evidence, properly discounted third-party reports reliant on the appellant's self-reporting, provided sufficient reasons to permit appellate review, and did not commit a palpable and overriding error that...

Source-derived case information.

Citation
2017 ONCA 28
Parties
Plaintiff (appellant on Appeal): Victoria Filanovsky; Defendant (respondent on Appeal): Igor Filanovsky; Defendant (respondent on Appeal): Tatyana Filanovsky
Court
Court of Appeal for Ontario
Jurisdiction
Canada
Judgment Date
17 January 2017
Procedural Posture
Civil (tort/personal Injury Alleged Childhood Assault) / Appeal to Court of Appeal From Superior Court of Justice Trial Judgment Dated September 13, 2013
Outcome
Appeal dismissed
Legal Topics
Assault, Credibility, Evidence, Reasons for Judgment, Standard of Appellate Review, New Trial
Source Language
english
Civil Tort Personal Injury Appeal Assault Credibility Evidence Reasons for Judgment +2 more

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Summary, issues, holding and outcome

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Parties

Victoria Filanovsky

Plaintiff (appellant on Appeal)

Igor Filanovsky

Defendant (respondent on Appeal)

Tatyana Filanovsky

Defendant (respondent on Appeal)

Procedural Posture

Civil (tort/personal Injury Alleged Childhood Assault) / Appeal to Court of Appeal From Superior Court of Justice Trial Judgment Dated September 13, 2013

Legal Issues

  1. 1 Whether the appellant was subjected to physical abuse by her father
  2. 2 Whether the trial judge improperly focused on the appellant's reporting rather than the core issue of abuse
  3. 3 Whether the trial judge's reasons were inadequate for appellate review

Ratio Decidendi

The Court dismissed the appeal: the trial judge made a reasoned credibility determination after reviewing all evidence, properly discounted third-party reports reliant on the appellant's self-reporting, provided sufficient reasons to permit appellate review, and did not commit a palpable and overriding error that would justify a new trial.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed
  • Costs awarded to the respondents in the amount of $10,000 inclusive of disbursements and all applicable taxes