DATE: 20040405
DOCKET: C39845
COURT OF APPEAL FOR ONTARIO
RE:
KARL E. WESELAN (Plaintiff/Appellant) v. TOTTEN SIMS HUBICKI ASSOCIATES (1997) LIMITED (Defendant/Respondent)
BEFORE:
DOHERTY, MOLDAVER and FELDMAN JJ.A.
COUNSEL:
Catherine Patterson for the appellant
John W. Montgomery for the respondent
HEARD & ENDORSED:
March 30, 2004
On appeal from the judgment of Justice Festeryga dated March 25, 2003.
APPEAL BOOK ENDORSEMENT
1Considering the order of this court directing a new trial on the question of damages and the reasons of the trial judge, we are satisfied that the order at trial is an order for a single payment of not more than $25,000, exclusive of costs. In reaching this conclusion, we acknowledge that paragraph 1 of the trial judgment does create some confusion.
2This matter is properly in the Divisional Court and order to go transferring the appeal. No costs.