COURT OF APPEAL FOR ONTARIO
IN THE MATTER OF THE CONSTRUCTION LIEN ACT R.S.O. 1990 c. C.30
RE:
TCG ASPHALT & CONSTRUCTION INC. (Plaintiff/Appellant) – and – NEWPORT PROPERTIES LIMITED, THE CORPORATION OF THE CITY OF LONDON, CANTEBURY ESTATES LIMITED PARTNERSHIP, RANDA INVESTMENTS LIMITED and PACIFIC & WESTERN TRUST CORPORATION (Defendants/Respondent)
BEFORE:
WEILER, MOLDAVER and MACFARLAND JJ.A.
COUNSEL:
Donald E. Short
for the appellant
Geoffrey P. Belch and Lisa D. Pasternak
for the respondent
HEARD & ENDORSED:
March 22, 2005
On appeal from the judgment of the Divisional Court (J. Douglas Cunningham A.C.J.O., James C. Kent R.S.J. and Colin D. A. McKinnon J.) dated July 7, 2004.
A P P E A L B O O K E N D O R S E M E N T
1For the reasons of the Divisional Court with which we are in substantial agreement the appeal is dismissed. Costs of the appeal to the respondent fixed at $8000 all inclusive.