Starcevic v. Brinac
The motion judge properly granted summary judgment because he found the plaintiff's evidence to be so incredible that no reasonable trier of fact could accept it, leaving no genuine issue to require a trial; the Court of Appeal saw no basis to interfere and dismissed the appeal.
Source-derived case information.
- Citation
- 2009 ONCA 224
- Parties
- Plaintiff/appellant: Milan Starcevic; Defendant/respondent: Mile Pavicic; Defendant/respondent: Katica Pavicic; Defendant/respondent: Joseph Brinac
- Court
- Court of Appeal for Ontario
- Jurisdiction
- Canada
- Judgment Date
- 13 March 2009
- Procedural Posture
- Civil / Appeal From Summary Judgment Decision
- Outcome
- Appeal dismissed
- Legal Topics
- Summary Judgment Standard, Credibility Findings, No Genuine Issue for Trial
- Source Language
- english
Source-derived case record
Summary, issues, holding and outcome
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Parties
Milan Starcevic
Plaintiff/appellant
Mile Pavicic
Defendant/respondent
Katica Pavicic
Defendant/respondent
Joseph Brinac
Defendant/respondent
Procedural Posture
Civil / Appeal From Summary Judgment Decision
Legal Issues
- 1 Whether the motion judge erred in granting summary judgment against Brinac
- 2 Whether the plaintiff's evidence was credible such that a genuine issue for trial existed
- 3 Whether costs should be awarded to the respondent
Ratio Decidendi
The motion judge properly granted summary judgment because he found the plaintiff's evidence to be so incredible that no reasonable trier of fact could accept it, leaving no genuine issue to require a trial; the Court of Appeal saw no basis to interfere and dismissed the appeal.
Court Disposition
Appeal dismissed
Orders
- Appeal dismissed
- Costs to the respondent fixed at $10,000 inclusive of G.S.T. and disbursements
Full Case Text
Judgment text and source record
1 paragraphs
Starcevic v. Brinac Collection Decisions of the Court of Appeal Date 2009-03-13 Neutral citation 2009 ONCA 224 Docket numbers C49402 Judges Moldaver, Michael James; Gillese, Eileen E.; Armstrong, Robert Patrick Subject Civil Decision Content CITATION: Starcevic v. Brinac, 2009 ONCA 224 DATE: 20090313 DOCKET: C49402 COURT OF APPEAL FOR ONTARIO Moldaver, Gillese and Armstrong JJ.A. BETWEEN Milan Starcevic Plaintiff (Appellant) and Mile Pavicic, Katica Pavicic and Joseph Brinac Defendant (Respondent) Stuart Mackay, for the appellant Raymond F. Leach, for the respondent Heard: March 12, 2009 On appeal from the judgment of Justice Peter B. Hockin of the Superior Court of Justice dated September 5, 2008. APPEAL BOOK ENDORSEMENT [1] We see no basis on which to interfere with the decision below. The motion judge granted the motion for summary judgment because he found that there was no chance of success in respect of the claim against the defendant Brinac. [2] The motion judge’s determination is based, in large measure, on his view that the plaintiff’s evidence was “so incredible as to be unacceptable to any reasonable trier of fact”. On the record, he was fully justified to that view of the plaintiff’s evidence. [3] Accordingly, there is no genuine issue in respect of the defendant Brinac which requires a trial. Thus, the appeal is dismissed. Costs to the respondent fixed at $10,000 inclusive of G.S.T. and disbursements.