COURT OF APPEAL FOR ONTARIO
RE:
GLENARIN ACRES LIMITED (Plaintiff/Appellant) – and – ROYAL BANK OF CANADA (Defendant/Respondent)
BEFORE:
CARTHY, CHARRON AND SHARPE JJ.A.
COUNSEL:
Kenneth Prehogan and Nicholas Holland
for the appellant
John S. Kelly and W. Eric Kay
for the respondent Royal Bank of Canada
HEARD & ENDORSED:
May 29, 2003
On appeal from the judgment of Justice Joan Lax of the Superior Court of Justice dated March 4, 2002.
A P P E A L B O O K E N D O R S E M E N T
1All of the findings of the trial judge point to her conclusion that the plaintiff had not provided any basis for considering a loss of opportunity to develop the property in any sense a reality. Without that beginning there was no lost opportunity to assess.
2We endorse the reasons of the trial judge and dismiss the appeal with costs fixed at $41,751.63 including G.S.T.