DATE: 20040525

DOCKET: C40902

COURT OF APPEAL FOR ONTARIO

RE:

SHELL CANADA PRODUCTS (Plaintiff/Respondent) v. KHALSA PETROLEUM INC. (Defendant/Appellant)

BEFORE:

DOHERTY, MOLDAVER and BLAIR JJ.A.

COUNSEL:

Karan S. Garewal

for the appellant

Michael Harpur

for the respondent

HEARD & ENDORSED:

May 20, 2004

On appeal from the judgment of Justice H.J.W. Siegel of the Superior Court of Justice, dated October 29, 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 dismiss the appeal for the reasons cogently set out by the motion judge. This was an appropriate case for summary judgment. Costs to the respondent, all in at $8,000.00.