DATE: 20040916

DOCKET: C41263

COURT OF APPEAL FOR ONTARIO

RE:

SYDNEY KATZMAN (Plaintiff (Appellant) – and – PATTERSON DENTAL CANADA INC., NORMA GROOTVELD, CANADIAN IMPERIAL BANK OF COMMERCE and LIDELMAR FERNANDEZ (Defendants (Respondents))

BEFORE:

LABROSSE, GOUDGE AND BLAIR JJ.A.

COUNSEL:

Steven Bellissimo

for the appellant

Michael Shell and Michelle Fernando

for the respondents Patterson Dental Canada Inc. and Norma Grootveld

Lisa Corne

for the respondent CIBC

HEARD & ENDORSED:

September 14, 2004

On appeal from the judgment of Justice Janet Wilson of the Superior Court of Justice dated December 29, 2003.

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

[1] In our view there was no evidence of the initiating of the proceedings by the respondents. There was no issue requiring trial. We agree with the reasons of the motion judge. The appeal is dismissed. Costs fixed at $5,000. CIBC not seeking costs.