DATE: 20030903
DOCKET: C39788
COURT OF APPEAL FOR ONTARIO
RE:
ROYAL BANK OF CANADA (Plaintiff/Respondent) -and- 131864 ONTARIO LTD., W. GARTH FAIR HOLDINGS LTD., 1153579 ONTARIO INC., W. GARTH FAIR and MICHAEL KELLY (Defendants/Appellants)
AND RE:
W. GARTH FAIR HOLDINGS LTD. and W. GARTH FAIR (Plaintiffs by counterclaim/Appellants) -and- ROYAL BANK OF CANADA, DWIGHT HOIT and DAVE CROSS (Defendants to the counterclaim/Respondents)
BEFORE:
LABROSSE, ABELLA and CRONK JJ.A.
COUNSEL:
Derek A.J. D'Oliveira for the defendants/appellants
B. Dawe for the plaintiff (respondent)
HEARD & ENDORSED:
September 3, 2003
On appeal from the judgment of Justice Katherine E. Swinton of the Superior Court of Justice dated February 21, 2003.
APPEAL BOOK ENDORSEMENT
1At the opening of the hearing of this appeal, we denied a motion by the appellant to amend his factum by pleading a ground of appeal that would have changed the fundamental nature of the case.
2The ground of appeal sought to be added by the appellant was neither pleaded nor raised before the motion judge.
3The detailed reasons of the motion judge reveal no error.
4The appeal is dismissed with costs fixed at $7,000.00.
