COURT OF APPEAL FOR ONTARIO
RE:
DANIEL GARY PREDIE AND JAMES EDWARD MACE AND THE ESTATE OF KENNETH WILLIAM GRAHAM COOKE, DECEASED (Plaintiffs/Appellants) –and- HER MAJESTY THE QUEEN IN THE RIGHT OF ONTARIO AND THE CORPORATION OF THE TOWN OF PARRY SOUND AND THE PARRY SOUND POLICE SERVICES BOARD (Defendants/Respondents)
BEFORE:
LASKIN, BORINS AND JURIANSZ JJ.A.
COUNSEL:
Daniel Predie and James Mace
In person
Benjamin R. Parry and Felix Kei Hei Lau and Michael Miller
for the respondents
HEARD & ENDORSED:
April 27, 2006
On appeal from the judgment of Justice O’Neill of the Superior Court of Justice, dated October 28, 2004.
A P P E A L B O O K E N D O R S E M E N T
1The motion judge gave thorough and careful reasons for granting summary judgment dismissing the plaintiffs’ claim. We agree with these reasons.
2In particular, we see no error in the motion judge’s conclusion that the letter to Mr. Kozak, which Mr. Predie found in February, 2003, did not postpone the running of the limitation period.
3The appeal is therefore dismissed with costs to Parry Sound in the amount of $4,500, all in, and costs to the Crown of $4,000, all in.