Court of Appeal for Ontario
Between:
Universal Game Farm Inc. and Proud Custom Scraping Ltd.
Plaintiffs (Appellants)
and
Her Majesty the Queen in Right of Ontario
Defendant (Respondent)
Before: O’Connor A.C.J.O., Watt J.A. and Hackland J. (ad hoc)
Counsel:
Walter Fox for the appellants
William MacLarkey for the respondent
Heard: April 29, 2008
On appeal from the order of Justice Margaret Eberhard of the Superior Court of Justice dated August 27, 2007.
APPEAL BOOK ENDORSEMENT
1For the reasons given by the motion judge, we agree that the harvest procedure was simply a hunt by another name.
2Accordingly, the appeal is dismissed. Costs to the respondent are fixed in the amount of $9,000, inclusive of disbursements and GST.