Court of Appeal for Ontario

SLM Soft.com Inc. v. FirstOntario Credit Union Limited

Date: 2003-03-11

Eric B. Wredenhagen (Gowling Lafleur Henderson LLP), for the appellant;

Howard W. Reininger (Turkstra Mazza Associates), for the respondent.

(C39057; M29404)

[1] By the Court: The respondent to the motion did not appear. We are satisfied that the respondent was advised of today's date by both its former solicitor and by counsel for the moving party. Accordingly we decided to proceed with the motion.

[2] We are satisfied that an appeal to the court is barred by s. 7(6) of the Arbitration Act. Accordingly the order sought is granted and the appeal is quashed.

[3] Costs to the moving party are fixed in the amount of $2,000.

Motion granted.