Rusonik v. Conder, Sugg, Bigelow, Miller, Kenny & Reed, Iseman & Gertner, Taurus Developments Barrie Inc. and De La Count, (1983) 1 O.A.C. 119 (CA)

• Judge: Arnup, Blair and Weatherston, JJ.A.
• Court: Court of Appeal (Ontario)
• Case Date: November 21, 1983
• Jurisdiction: Ontario
• Citations: (1983), 1 O.A.C. 119 (CA)

Rusonik v. Conder (1983), 1 O.A.C. 119 (CA)

MLB headnote and full text

Rusonik v. Conder, Sugg, Bigelow, Miller, Kenny & Reed, Iseman & Gertner, Taurus Developments Barrie Incorporated and De La Count

Indexed As: Rusonik v. Conder, Sugg, Bigelow, Miller, Kenny & Reed, Iseman & Gertner, Taurus Developments Barrie Inc. and De La Count

Ontario Court of Appeal

Arnup, Blair and Weatherston, JJ.A.

December 1, 1983.

Summary:

The unsuccessful defendants in two related actions all appealed. Both appeals were dismissed. Several defendants in one of the actions jointly applied for leave to introduce new evidence to the Court of Appeal and also applied for a new trial on the ground of the new evidence.

The Ontario Court of Appeal dismissed the application.

Practice - Topic 9031

Appeals - Evidence on appeal - Admission of "new evidence" - The Ontario Court of Appeal dismissed the appeals of unsuccessful defendants in two related actions - Several defendants in one action jointly applied for leave to introduce new evidence, which they contended was crucial to the alleged unreliability of a key witness's evidence - The Court of Appeal refused leave to offer the new evidence on appeal, because it did not bear directly on the key evidence and its introduction would not change the trial judge's findings respecting the credibility of the witness - See paragraphs 5 to 11.

Counsel:

D.K. Laidlaw, Q.C., and E.M. Stewart for the defendants, Conder, Sugg and Taurus Developments Barrie Incorporated, applicants;

B. Chernos, Q.C., for the defendants, Bigelow, Miller, Kenny and Reed, applicants;

Ronald E. Carr for the plaintiff, respondent.

This application was heard before Arnup, Blair and Weatherston, JJ.A., of the Ontario Court of Appeal, on November 21, 1983. The decision of the Court of Appeal was released on December 1, 1983.