COURT OF APPEAL FOR ONTARIO
RE:
LYNN CARL (Plaintiff/Respondent) -and- ADELIO MASTRANGELO, MARIA MASTRANGELO and BANK OF MONTREAL (Defendants/Appellants)
BEFORE:
CATZMAN, ROSENBERG and JURIANSZ JJ.A.
COUNSEL:
Bruce A. Macdonald
for the appellant
Timothy R. Pedwell
for the respondent
HEARD AND ENDORSED:
April 8, 2005
On appeal from the orders of Justice G. William Dandie of the Superior Court of Justice dated October 31, 2002 and May 15, 2003.
A P P E A L B O O K E N D O R S E M E N T
1The only issue argued on this appeal was whether there was evidence from which the trial judge could find, or could reasonably infer, as he did, that the respondent’s carport overhung the appellants’ property between the dates he mentioned. That evidence appears on page 29 and on pages 41 and 42 of the transcript. This constitutes sufficient evidence to require the appellants to adduce evidence, if it were available, to answer the evidence of the respondent. No such evidence was called.
2Accordingly, the appeal is dismissed with costs fixed in the amount of $4,000, inclusive of disbursements and G.S.T.