DATE: 20031124

DOCKET: C40028

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

[1] We 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.

[2] Accordingly, 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.