Kay v. Caverson
The appeal was dismissed because it was fact-driven and the trial judge's findings of fact contained no palpable and overriding error; allegations of bias and trial unfairness were unsupported on the record; costs were awarded to the respondent on a partial indemnity basis.
Source-derived case information.
- Citation
- C43152
- Parties
- Appellant: Diane Kay; Respondent: Guliana D'Orazio Caverson also known as Julie Caverson
- Court
- Court of Appeal for Ontario
- Jurisdiction
- Canada
- Judgment Date
- 2 May 2006
- Procedural Posture
- Civil Appeal / Court of Appeal Hearing (appeal From Superior Court of Justice Judgment Dated 2005 02 17)
- Outcome
- Appeal dismissed.
- Legal Topics
- Appeal, Findings of Fact, Trial Fairness, Judicial Bias, Costs
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Diane Kay
Appellant
Guliana D'Orazio Caverson also known as Julie Caverson
Respondent
Procedural Posture
Civil Appeal / Court of Appeal Hearing (appeal From Superior Court of Justice Judgment Dated 2005 02 17)
Legal Issues
- 1 Whether the trial judge erred in findings of fact
- 2 Whether the appellant established bias or trial unfairness
- 3 Whether the costs award should be disturbed
Ratio Decidendi
The appeal was dismissed because it was fact-driven and the trial judge's findings of fact contained no palpable and overriding error; allegations of bias and trial unfairness were unsupported on the record; costs were awarded to the respondent on a partial indemnity basis.
Court Disposition
Appeal dismissed.
Orders
- Appeal dismissed with costs to the respondent fixed on a partial indemnity basis in the amount of $9,000 inclusive of GST and disbursements.
Full Case Text
Judgment text and source record
1 paragraphs
Kay v. Caverson Collection Decisions of the Court of Appeal Date 2006-05-02 Docket numbers C43152 Judges Moldaver, Michael James; Goudge, Stephen Thomas; Lang, Susan Elizabeth Subject Civil Decision Content DATE: 20060501 DOCKET: C43152 COURT OF APPEAL FOR ONTARIO RE: DIANE KAY (Plaintiff (Appellant)) – and – GULIANA D’ORAZIO CAVERSON also known as JULIE CAVERSON (Defendant (Respondent)) BEFORE: MOLDAVER, GOUDGE AND LANG JJ.A. COUNSEL: James A. Kay for the appellant Garth Walkden for the respondent HEARD: April 27, 2006 On appeal from the judgment of Justice J. C. Murray of the Superior Court of Justice dated February 17, 2005. APPEAL BOOK ENDORSEMENT [1] This appeal is largely fact-driven. We are not persuaded that the trial judge made any errors in his findings of fact. His conclusion that the appellant did not make out her case against the respondent is unassailable. As for the allegation of bias and trial unfairness, there is no basis, on this record, for these assertions. The appellant did not pursue the appeal from the costs order at trial. Accordingly, the appeal is dismissed with costs to the respondent, fixed on a partial indemnity basis, in the amount of $9,000 inclusive of G.S.T. and disbursements.