COURT OF APPEAL FOR ONTARIO
RE:
W.S. MORGAN CONSTRUCTION (Plaintiff (Appellant)) and PARRY SOUND TRAVELLERS INC. and CANADIAN IMPERIAL BANK OF COMMERCE (Defendants)
BEFORE:
CARTHY, ROSENBERG AND CRONK JJ.A.
COUNSEL:
D. Andrew Thomson
for the appellant
B. Jusko
for the respondent Parry Sound Travellers
HEARD:
April 28, 2003
On appeal from the judgment of Justice J.S. O’Neill of the Superior Court of Justice dated June 13, 2001.
A P P E A L B O O K E N D O R S E M E N T
1The appellant puts forward three issues as to liability and we are satisfied that the trial judge made no reversible error on any one of them. The allocation of costs was a discretionary one and we see no error in principle.
2Appeal dismissed with costs fixed at $6,000.00 including credit for those for abandoned appeal and inclusive of G.S.T.