DATE: 20060221

DOCKET: C43801

COURT OF APPEAL FOR ONTARIO

RE:

JANETE TOMSONE (Respondent) –and– VLADIMIR TOMSONE, RE/MAX ALL-STARS REALTY INC., RE/MAX CROSSROADS REALTY INC., ELENA DASHEVSKAYA (Appellants)

BEFORE:

CATZMAN, MOLDAVER AND GOUDGE JJ.A.

COUNSEL:

Melvin Rotman

for the appellant

No one appearing

for the respondent

HEARD & ENDORSED:

February 21, 2006

On appeal from the judgment of Justice Nancy L. Backhouse of the Superior Court of Justice, dated May 27, 2005 made at Toronto, Ontario.

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

[1] The appellants base their appeal on the provisions of the Negligence Act, coupled with the submission that the actions of the respondents constituted an intentional rather than a negligent tort.

[2] In our view, the Negligence Act has no application to the circumstances of this case. Janete Tomsone’s cause of action was not in tort but was grounded on the provisions of rule 60.08(17) of the Rules of Civil Procedure, and the principles of contribution and indemnity under the Negligence Act are not engaged.

[3] The appeal is dismissed.