DATE: 20040722

DOCKET: C40919

COURT OF APPEAL FOR ONTARIO

RE:

MILVERTON STOCK YARDS LIMITED (Plaintiff/ Respondent) – and – ROBERT CARLTON IRONSIDE and IRONSIDE FARMS LIMITED (Defendants/Appellant)

BEFORE:

CATZMAN, GILLESE and LANG JJ.A.

COUNSEL:

No one appearing

for the appellant

Ian S. Wright

for the respondent

HEARD AND ENDORSED:

July 21, 2004

On appeal from the judgment of Justice John C. Kennedy of the Superior Court of Justice dated October 9, 2003.

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

[1] The appellant does not appear, in person or by counsel, despite notice of the time and place of this appeal. At the request of counsel for the respondent, the appeal is dismissed with costs fixed on a partial indemnity basis in the amount of $4,572.36.