COURT OF APPEAL FOR ONTARIO

RE:

DAN MASTERS (Plaintiff/Appellant) – and – TD SECURITIES INC. (Defendant/Respondent)

BEFORE:

ABELLA, BORINS and ARMSTRONG JJ. A.

COUNSEL:

Clive Elkin and David Crowe,

for the appellant

Michael Donsky and Myriah Graves,

for the respondent

HEARD:

May 16, 2003

On appeal from the judgment of Justice Paul Rivard dated May 14, 2002.

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

[1] There is no basis for interfering with the conclusion of the trial judge that the action should be dismissed, based on this record.

[2] The appeal is dismissed with costs fixed in the amount of $12,500.00 all-inclusive.