Cole v. Four Seasons Aviation Ltd.

Cole v. Four Seasons Aviation Ltd.

The trial judge's factual findings supported the conclusion that the respondent's allegations did not amount to fraud or conduct seriously prejudicial to character or reputation, and her dismissal of the punitive damages claim and exercise of discretion were proper and entitled to appellate deference, so the appeal...

Source-derived case information.

Citation
2007 ONCA 77
Parties
Plaintiff/appellant: Lee Cole; Defendant/respondent: Four Seasons Aviation Ltd.
Court
Court of Appeal for Ontario
Jurisdiction
Canada
Judgment Date
7 February 2007
Procedural Posture
Civil Appeal / Appeal From Order of the Superior Court of Justice (justice Thea P. Herman) Dated November 2, 2005
Outcome
Appeal dismissed
Legal Topics
Punitive Damages, Fraud, Exercise of Judicial Discretion, Standard of Appellate Review
Source Language
english
Civil Litigation Damages Fraud Allegations Punitive Damages Fraud Exercise of Judicial Discretion Standard of Appellate Review

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Parties

Lee Cole

Plaintiff/appellant

Four Seasons Aviation Ltd.

Defendant/respondent

Procedural Posture

Civil Appeal / Appeal From Order of the Superior Court of Justice (justice Thea P. Herman) Dated November 2, 2005

Legal Issues

  1. 1 Whether allegations in the respondent's defence and counterclaim amounted to fraud or conduct seriously prejudicial to character or reputation
  2. 2 Whether the trial judge erred in dismissing the claim for punitive damages
  3. 3 Whether the appellate court should interfere with the trial judge's exercise of discretion

Ratio Decidendi

The trial judge's factual findings supported the conclusion that the respondent's allegations did not amount to fraud or conduct seriously prejudicial to character or reputation, and her dismissal of the punitive damages claim and exercise of discretion were proper and entitled to appellate deference, so the appeal was dismissed.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed
  • Costs of the motion for leave and of the appeal fixed at $4,000 inclusive of disbursements and G.S.T.