COURT OF APPEAL FOR ONTARIO

RE:

KAZMIK INVESTMENTS INC. (Plaintiff/Respondent) and OREST LOZYNSKY (Defendant/Appellant) and ACCELERATE HEALTHCARE INC. (Third Party)

BEFORE:

McMURTRY C.J.O., MOLDAVER AND CRONK JJ.A.

COUNSEL:

Mary L. Biggar

for the appellant

Jill M. Knudsen

for the respondent

HEARD & ENDORSED:

March 12, 2004

On appeal from the order of Justice Backhouse dated August 12, 2003.

A P P E A L B O O K E N D O R S E M E N T

[1] We see no error with respect to the conclusion of the motions judge that there was no genuine issue for trial.

[2] The appeal is therefore dismissed with costs fixed in the amount of $5,000.00.