COURT OF APPEAL FOR ONTARIO
MACPHERSON, MACFARLAND and EPSTEIN JJ.A.
BETWEEN:
THE FALLS PROPERTY MANAGEMENT INC.
Plaintiff/Appellant
and
R.F. MOOTE AND ASSOCIATES LTD., JEDURA CAPITAL CORP., GEORGE WINDSOR, ROBERT MOOTE, KARL VON BLOEDAU, and FRANCIS & ASSOCIATES
Defendants/Respondents
Ian McLean for the appellant
Gary G. Boyd for the respondents
Heard: January 8, 2008
On appeal from the judgment of Justice George T. Valin of the Superior Court of Justice dated June 19, 2007.
APPEAL BOOK ENDORSEMENT
1The appellant appeals the order of Valin J. dated 19 June 2007 striking out the portions of the statement of claim against the defendants George Windsor and Francis and Associates.
2We entirely agree with Valin J.’s conclusion that “there are insufficient facts pleaded by the plaintiff in its amended statement of claim to support the bald allegation that Windsor made a negligent misrepresentation to it.”
3Accordingly, the appeal is dismissed. The respondents are entitled to their costs fixed at $5000 inclusive of disbursements and GST.