COURT OF APPEAL FOR ONTARIO

DATE: 20000508

DOCKET: C27634

RE:

PATRICK L. D’AMORE, personally and on behalf of

DANUS CONSTRUCTION LIMITED (Plaintiffs/Appellants)

and DANIEL MICHAEL RUSS, DANRUSS CONTRACTING (1985

WINDSOR) INC., MIDCON CONSTRUCTION LTD., GLORIA

RUSS and LARRY COLAUTTI (Defendants)

AND RE: DANIEL MICHAEL RUSS (Plaintiff by Counterclaim)

and PATRICK D’AMORE, D’AMORE CONSTRUCTION

(WINDSOR) LIMITED, PRECISION BUILDERS LIMITED,

617963 ONTARIO INC., and PATRICIA OKE (Defendants

by Counterclaim)

BEFORE: FINLAYSON, LABROSSE AND GOUDGE JJ.A.

COUNSEL:

Stefan Bojeczko

For the appellants

Rodney M. Godard

For the respondents

HEARD: April 28, 2000

On appeal from the order of Quinn J. dated June 17, 1997.

E N D O R S E M E N T

[1] In 1996 Quinn J. ordered that the Danrus assessment proceed

without consideration of the issues of negligence and failure to

follow instructions. Leave to appeal from this order was denied.

Given this, in our view, the assessment officer had no option but

to proceed with the assessment on that basis.

[2] In the circumstances it is not open to this court to review

the merits of the order of Quinn J. of June 17, 1997, and we

would therefore dismiss the appeal.

[3] In doing so we are not to be taken as in any way agreeing

with the assertion in the reasons of Quinn J. that the

relationship between the solicitors and Danrus was not a

solicitor/client relationship. Indeed, Mr. Godard indicated he

would not be taking the position in the negligence litigation

that this issue had been finally adjudicated.

[4] In the result the appeal is dismissed with costs.

“G.D. Finlayson J.A.”

“J.M. Labrosse J.A.”

“S.T. Goudge J.A.”