COURT OF APPEAL FOR ONTARIO
RE:
BONO GENERAL CONSTRUCTION LIMITED (Plaintiff) (Responding Party) - and - TREVOR NICHOLAS CONSTRUCTION CO. LIMITED (Defendant) (Moving Party)
AND RE:
IN THE MATTER of the Construction Lien Act, R.S.O. 1983 c.6 TREVOR NICHOLAS CONSTRUCTION CO. LIMITED (Plaintiff) (Appellant) - and - BONO GENERAL CONSTRUCTION LIMITED and THE TOWN OF FLAMBOROUGH (Defendants) (Respondent)
AND RE:
JOHN SUSIN (Plaintiff) (Appellant) - and - BONO GENERAL CONSTRUCTION LIMITED, CARMELO BONO, ANNE BONO and SALVATORE (SAM) BONO (Defendants) (Respondents)
BEFORE:
LASKIN, GOUDGE and FELDMAN JJ.A.
COUNSEL:
Roy Wise for the moving party
Ian Brisbin for the responding party
HEARD:
October 2, 2003
On review of the order of Justice James MacPherson of the Court of Appeal for Ontario dated January 24, 2002.
ENDORSEMENT
1In his able argument for the moving party, Mr. Wise said everything that could be said in support of the motion. However, we are satisfied that MacPherson J.A. was correct in dismissing the motion to extend the time for appealing. The relief now sought by the moving party could and should have been raised on the appeals to this court on October 31, 2000. That relief is, therefore, subsumed in this court's dismissal of those appeals.
2Accordingly, this motion is dismissed.
"John Laskin J.A." "S.T. Goudge J.A." "K Feldman J.A."