Chamberland v. Provincial
The appeal was dismissed because the trial judge's factual findings, including those about the restaurant conversation, were supported by evidence and his credibility determinations were unassailable; the appellate court will not overturn such findings absent palpable and overriding error.
Source-derived case information.
- Citation
- 2009 ONCA 733
- Parties
- Respondent: Raymond Chamberland; Appellant: Kevin Provincial; Appellant: Jeffrey (Jeff) McLaughlin; Appellant: Richard St. Martin; Appellant: Theodore (Ted) Hreljac; Appellant: Marc Chartier
- Court
- Court of Appeal for Ontario
- Jurisdiction
- Canada
- Judgment Date
- 22 October 2009
- Procedural Posture
- Civil Appeal / Appeal From Trial Judgment (superior Court of Justice, Justice Paul Kane, Dec 17, 2008)
- Outcome
- Appeal dismissed
- Legal Topics
- Appeal, Credibility, Findings of Fact, Costs
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Raymond Chamberland
Respondent
Kevin Provincial
Appellant
Jeffrey (Jeff) McLaughlin
Appellant
Richard St. Martin
Appellant
Theodore (Ted) Hreljac
Appellant
Marc Chartier
Appellant
Procedural Posture
Civil Appeal / Appeal From Trial Judgment (superior Court of Justice, Justice Paul Kane, Dec 17, 2008)
Legal Issues
- 1 Whether the trial judge erred in factual findings regarding a conversation at a restaurant
- 2 Whether the trial judge's credibility determinations were reviewable on appeal
- 3 Whether the appellants established a basis to overturn the trial judge's ultimate conclusions
Ratio Decidendi
The appeal was dismissed because the trial judge's factual findings, including those about the restaurant conversation, were supported by evidence and his credibility determinations were unassailable; the appellate court will not overturn such findings absent palpable and overriding error.
Court Disposition
Appeal dismissed
Orders
- Appeal dismissed.
- Costs to the respondent in the amount of $10,000 inclusive of GST and disbursements.
Full Case Text
Judgment text and source record
1 paragraphs
Chamberland v. Provincial Collection Decisions of the Court of Appeal Date 2009-10-22 Neutral citation 2009 ONCA 733 Docket numbers C49895 Judges Doherty, David H.; Gillese, Eileen E.; Epstein, Gloria Jean Subject Civil Decision Content CITATION: Chamberland v. Provincial, 2009 ONCA 733 DATE: 20091020 DOCKET: C49895 COURT OF APPEAL FOR ONTARIO Doherty, Gillese and Epstein JJ.A. BETWEEN Raymond Chamberland Plaintiff (Respondent) and Kevin Provincial, Jeffrey (Jeff) McLaughlin, Richard St. Martin, Theodore (Ted) Hreljac and Marc Chartier Defendants (Appellant) Mark Abradjian and Barry L. Yellin, for the appellant Richard Guy, for the respondent Heard: October 19, 2009 On appeal from the judgment of Justice Paul Kane of the Superior Court of Justice dated December 17, 2008. APPEAL BOOK ENDORSEMENT [1] This was a fact-driven trial. The trial judge’s reasons are thorough and careful. [2] We have considered the four specific factual issues effectively argued by counsel. The first, concerning the contents of the conversation among the appellants at the restaurant after Provincial and Chamberland first spoke about the appellant’s claim that he was entitled to a share of the winnings, troubled the court. We are satisfied, however, that there was a basis in Provincial’s evidence to support the trial judge’s findings on this factual issue. In any event, the trial judge’s ultimate conclusions were based on a number of considerations and not any single finding of fact. They were also based on powerful and unassailable findings of credibility. We cannot interfere. [3] The appeal is dismissed. Costs to the respondent in the amount of $10,000, inclusive of GST and disbursements.