Court of Appeal for Ontario
Between:
Robert Hewitt
Plaintiff (Respondent)
and
Blair Andrew Rennie
Defendant (Appellant)
Before: Laskin, Borins and Feldman JJ.A.
Counsel:
Dan MacKeigan for the appellant
Anthony Steele for the respondent
Heard: October 24, 2008
On appeal from the order of Justice John F. McGarry of the Superior Court of Justice dated February 27, 2008.
APPEAL BOOK ENDORSEMENT
1The motion judge was correct in dismissing the motion in the circumstances of this case. He was entitled to conclude that the consent dismissal of the lien claim was a dismissal of that claim, and not the plaintiff’s claim in the second action for the cost of the work that he did on the premises. We agree with the motion judge’s determination of the limitation issue.
2The appeal is dismissed with costs fixed at $5,000 inclusive of disbursements and GST.