DATE: 20040116

DOCKET: C39414

COURT OF APPEAL FOR ONTARIO

RE:

BONNIE LYNN MacQUARRIE and JOHN WREN (Plaintiffs/Respondents) –and– CHARLES EDWARD CACHAGEE, CENTURY 21 COTTAGE COUNTRY REALTY INC., JUDITH RANSOME, ROYAL LePAGE LAKES OF MUSKOKA INC., GARY SMITH, CORPORATION OF THE VILLAGE OF SOUTH RIVER and THOMAS C. PINCKARD (Defendants/Appellant) –and– STEWART TITLE GUARANTY COMPANY (Third Party/Respondent)

BEFORE:

O’CONNOR A.C.J.O., WEILER and GOUDGE JJ.A.

COUNSEL:

R.W. Howard Lightle

for the appellant

William F. Kelly

for the plaintiff/respondent Bonnie Lynn MacQuarrie

Benjamin Salsberg

for the plaintiff/respondent John Wren

HEARD AND ENDORSED:

January 16, 2004

On appeal from the order of Justice Norman M. Karam of the Superior Court of Justice dated January 9, 2003.

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

[1] We would not interfere with the motion judge’s exercise of discretion not to enforce the settlement. There was ample evidence for the motion judge to make the findings of fact and draw the inferences that he did.

[2] The appeal is dismissed.

[3] Costs to the respondent are fixed in the amount of $10,000, inclusive of disbursements and G.S.T.