COURT OF APPEAL FOR ONTARIO
RE:
WILLIAM PAUL O’LEARY (Plaintiff (Respondent)) – and – TELECOMMUNICATION EQUIPMENT CORPORATION (Defendant (Appellant))
BEFORE:
ROSENBERG, MacPHERSON and SHARPE JJ.A.
COUNSEL:
Joshua J. Siegel
for the appellant
Robert J. Brush and Mathew C. Scott
for the respondent
HEARD & ENDORSED:
November 20, 2003
On appeal from the order of Justice Janet M. Wilson of the Superior Court of Justice dated April 23, 2003.
A P P E A L B O O K E N D O R S E M E N T
1We agree with the reasons of Wilson J. and the result reached. We do not see this as a case where it was open to the motions judge to exercise her discretion in favour of the appellant.
2Accordingly, the appeal is dismissed. Leave to appeal costs is refused. The appellant will pay costs to the respondent fixed at $7,500 inclusive of G.S.T. and disbursements.