DATE: 20030513

DOCKET: C37080

COURT OF APPEAL FOR ONTARIO

RE:

MARIA IOANNIDIS, STEFAN IOANNIDIS, ELENA IOANNIDIS, MAGDA IOANNIDIS AND MAGDALINI GATZOPOLOU (Plaintiffs/Respondents) v. BRUCE W. HAWKINS AND RHONDA S. HAWKINS (Defendants/Appellants)

BEFORE:

McMURTRY C.J.O., WEILER AND MacPHERSON JJ.A.

COUNSEL:

David A. Tompkins

for the defendants/appellants

Ronald Bohm

for the plaintiffs/respondents

HEARD:

May 13, 2003

On appeal from the judgment of Justice C. Speyer dated September 5, 2001.

A P P E A L B O O K E N D O R S E M E N T

[1] On any application of the threshold test, the trial judge did not err in his conclusion that that test was not met until after February 1994. The appeal is therefore dismissed with costs fixed in the amount of $17,500.00