COURT OF APPEAL FOR ONTARIO
RE:
CHARLENE WALSH (Appellant) – and – BRIGITTE REGENSCHEIT, 1124660 ONTARIO LTD, EDGAR HIDALGO, JOEL RAPINAN ET AL. (Respondents)
AMANDA JEAN MacNEIL (Appellant) – and – BRIGITTE REGENSCHEIT, 1124660 ONTARIO LTD, EDGAR HIDALGO, JOEL RAPINAN ET AL. , (Respondents)
BEFORE:
MOLDAVER and SHARPE JJ.A. and KILEEN J. (ad hoc)
COUNSEL:
Samuel Willoughby and Ernest J. Guiste
for the appellants
Charlene Walsh and Amanda MacNeil
David Shiller for the respondents
Edgar Hidalgo and Joel Rapinan
HEARD & ENDORSED:
October 18, 2004
On appeal from the order of Justice Ian Nordheimer of the Superior Court of Justice dated March 5, 2004.
A P P E A L B O O K E N D O R S E M E N T
1We see no error in the reasons of the motion judge. In our view, the blanket denials of any wrongdoing by the moving parties satisfied the threshold for a Rule 20 motion in the circumstances of this case. The plaintiffs’ materials, as noted by the motion judge, fell short of raising a genuine issue for trial. We see no merit in the further submission, made for the first time on appeal, that the motions should not have been heard together. Accordingly, we would dismiss the appeals.
2With respect to costs, leave to appeal is denied. There is no issue of law that warrants the granting of leave.
3Costs of the appeals to the respondents fixed at $3,500 (total for both appeals) inclusive of GST and disbursements.
“Moldaver J.A.”