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
1The 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.
2The appeal is dismissed with costs fixed in the sum of $4,500.00, inclusive of disbursements and G.S.T.