COURT OF APPEAL FOR ONTARIO
RE:
BANK OF MONTREAL (Plaintiff/Respondent) –and– SKYVIEW TRAILER SALES INC., MELVIN and BEVERLY GORESKI O/A SKYVIEW RENTALS, BEVERLY GORESKI IN HER CAPACITY AS EXECUTOR OF THE ESTATE OF MELVIN GORESKI, DECEASED, AND BEVERLY GORESKI (Defendants/Appellants)
BEFORE:
CATZMAN, LASKIN and FELDMAN JJ.A.
COUNSEL:
Melvyn L. Solmon and Raffaele Sparano
for the appellants
Emma Kenley
for the respondent
HEARD AND ENDORSED:
January 14, 2004
On appeal from the judgment of Justice Robert A. Blair of the Superior Court of Justice dated August 8, 2003.
A P P E A L B O O K E N D O R S E M E N T
1At the outset of the appeal, the court raised the question of our jurisdiction to entertain the appeal. Both counsel submitted that we had jurisdiction and that we should hear the appeal on its merits. We did so.
2In our view, the appeal is wholly unmeritorious. Blair J. had the jurisdiction to make the order he did under rule 49.09 of the Rules of Civil Procedure, and he made no error in exercising his discretion in the manner in which he did.
3The appeal is dismissed with costs fixed in the sum of $3,500, inclusive of disbursements and G.S.T.