DATE: 20050117

DOCKET: C42057

COURT OF APPEAL FOR ONTARIO

RE:

ADRIATIC INSURANCE BROKERS LTD. (Plaintiff/ Respondent) -and- B&G DIAPER FACTORY OUTLET LTD., TULLIRA DEVELOPMENTS INC., BURNCOURT PROCESSING LIMITED and 914584 ONTARIO LIMITED o/a HANES OUTLET (Defendants)

BEFORE:

McMURTRY C.J.O., CATZMAN and LANG JJ.A.

COUNSEL:

Kenneth D. Kraft and Lara Edwards

for the appellant

3519449 Canada Ltd.

Michael A. Handler

for the plaintiff/respondent

HEARD AND ENDORSED:

January 14, 2005

On appeal from the order of Justice Wailan Low of the Superior Court of Justice dated June 3, 2004.

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

[1] The material before Low J. was somewhat deficient and left several facts unclear. Based on the record before her, however, we find no palpable and overriding error in her reasons and no basis on which to interfere with her conclusion.

[2] The appeal is dismissed with costs fixed in the sum of $4,500.00, inclusive of disbursements and G.S.T.