COURT OF APPEAL FOR ONTARIO
RE: DIAMOND & DIAMOND (Plaintiff/Respondent) –and– JAMES W. SREBROLOW and SIDNEY J. LEBOWITZ (Defendants/Appellants)
BEFORE: MOLDAVER, BORINS and MacPHERSON JJ.A.
COUNSEL: Ronald Flom and Robert W. Trifts for the appellants
Thomas Dunne, Q.C. and Chris Stanek for the respondent
HEARD AND ENDORSED: October 17, 2003
On appeal from the order of Justice Susan G. Himel of the Superior Court of Justice dated February 26, 2003.
A P P E A L B O O K E N D O R S E M E N T
1We are not persuaded that the motions judge erred in her conclusion that the dispute which forms the subject-matter of the claim falls outside the ambit of the arbitration clause in the minutes of settlement.
2Accordingly, the appeal is dismissed with costs fixed at $7,000.00 inclusive of G.S.T. and disbursements.