DATE: 20040323

DOCKET: C40816

COURT OF APPEAL FOR ONTARIO

RE:

THE BANK OF NOVA SCOTIA (Plaintiff (Respondent)) – and – STONECUTTERS ARMS INC. also known as STONECUTTERS ARMS LTD., DOUGLAS LAFRAMBOISE also known as DOUGLAS LAFRAMBOISE, and FABIEN SIEBERT (Defendants (Appellants))

BEFORE:

ABELLA and BLAIR, JJ.A., and AITKEN J. (ad hoc)

COUNSEL:

James V. Leone

for the appellant

Jordan Potasky

for the respondent

HEARD AND ENDORSED:

March 19, 2004

On appeal from the judgment of Justice James D. Carnwath dated September 16, 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 basis for interfering with the motions judge’s decision.

[2] Appeal dismissed with costs fixed in the total amount of $2,500, inclusive of disbursements.