COURT OF APPEAL FOR ONTARIO
RE:
CHRISTINA FLEISCHHACKER by her Litigation Guardian MARIA BURCEA (Plaintiff/Respondent) – and – LEANNE DEKANEAS and DEMETRE DEKANEAS (Defendants/ Appellants)
BEFORE:
MACPHERSON, BLAIR and LAFORME JJ.A.
COUNSEL:
Richard Horodyski
for the appellant
Mark Abradjian
for the respondent
HEARD & ENDORSED:
September 7, 2006
On appeal from the judgment of Justice Joseph R. Henderson of the Superior Court of Justice dated January 26, 2006.
A P P E A L B O O K E N D O R S E M E N T
1We agree with the reasons of Henderson J. for granting summary judgment for possession of the appellant’s property. The appellant’s arguments in corroborating evidence and equitable estoppel are of no avail.
2The appeal is dismissed. Costs to the respondent fixed at $7500 inclusive of disbursements and GST.
