COURT OF APPEAL FOR ONTARIO

DATE: 20000323

DOCKET: C32942

RE: J. ISRAELI FAMILY HOLDINGS INC., J. ISRAELI
CORPORATION AND J. ISRAELI INVESTMENTS LIMITED
(Plaintiffs) v. J.S.J. EQUITY HOLDINGS LIMITED AND
JACK TSE (Defendants)

BEFORE: FINLAYSON, ABELLA and O’CONNOR JJ.A.

COUNSEL: Benjamin Salsberg
for the appellant, Tse

Neil A. Kaufman
for the respondents

HEARD: March 21, 2000

On appeal from the judgment of Mr. Justice Lane dated September

7, 1999.

E N D O R S E M E N T

[1] The appellant concedes that there is no evidence that Jack

Israeli ever made a statement to the effect that Mr. Saunderson

had authority to act on his behalf. We are of the view that the

conduct relied upon by the appellant does not raise a genuine

issue that Saunderson was acting as the agent of Israeli when he

made the representations and warranties in issue. We agree with

the conclusions of the motions judge.

[2] The appeal is dismissed with costs.