COURT OF APPEAL FOR ONTARIO
RE:
WINGS TECHNOLOGY INC. (Plaintiff (Respondent)) – and – NOVA TOOL & MOLD INC. (Defendant (Appellant))
BEFORE:
ABELLA, BORINS and ARMSTRONG JJ.A.
COUNSEL:
Arthur M. Barat, Q.C.
for the appellant
David McNevin and Matt Todd
for the respondent
HEARD:
May 12, 2003
On appeal from the judgment of Justice Thomson dated October 10, 2001.
A P P E A L B O O K E N D O R S E M E N T
1The appellant concedes that $22,987.50 is owed to the respondent. It has also not appealed the dismissal of its counterclaim.
2While we agree that there appeared to be no evidence to contradict a finding that a certified cheque was tendered, this does not undermine the conclusion, as asserted in paragraph 17 of the Statement of Claim, that the full amount was owing based on the invoices.
3We therefore see no basis for interfering in the result at trial. The appellant abandons its appeal as to costs.
4The appeal is therefore dismissed with costs fixed in the amount of $7,500 in total.