Gain v. Ideal Milk Haulage Ltd., 2003 CanLII 36773 (ON CA)

DATE: 20030225

DOCKET: M29462

C37941

COURT OF APPEAL FOR ONTARIO

CRONK J.A. (in chambers)

B E T W E E N :

Terence G. Gain and Donna L. Gain

Bernard Eastman,

for the applicants

(respondents in appeal)

Applicants

(Respondents in appeal)

• and -

Ideal Milk Haulage Limited and The Corporation of the Township of Otonabee-South Monaghan

Michael Miller,

for the respondent

(appellant in appeal)

Respondent

(Appellant in appeal)

Heard: January 30, 2003

ADDENDUM

1By my reasons dated February 10, 2003 concerning the motion for directions brought by the applicants, Terence G. Gain and Donna L. Gain, the parties were afforded additional time within which to deliver their written submissions concerning the applicants’ request for an order extending the time for delivery of their factum on the cross-appeals in this case.

2By letter dated February 12, 2003, counsel for the applicants advised the Registrar of this court of the agreement of the parties regarding the scheduling of the hearing date for the cross-appeals, and the date for delivery of the applicants’ factum on the cross-appeals.

3Accordingly, on consent of the parties, it is hereby ordered that:

(i) the cross-appeals shall be scheduled for hearing on June 16, 2003; and

(ii) the applicants shall deliver their factum on the cross-appeals within 30 days after the delivery by The Corporation of the Township of Otonabee-South Monaghan of its supplementary appeal book or books, as directed in my reasons dated February 10, 2003.

RELEASED:

“FEB 25 2003” “E.A. Cronk J.A.”