COURT OF APPEAL FOR ONTARIO

DATE: 20010125

DOCKETS: C33561, C34068, C34110 M26696

RE: BONO GENERAL CONSTRUCTION LIMITED (Plaintiff/ Respondent) –and– TREVOR NICHOLAS CONSTRUCTION CO. LIMITED (Defendant/Appellant)

IN THE MATTER OF THE CONSTRUCTION LIEN ACT R.S.O. 1983, c.6

RE: TREVOR NICHOLAS CONSTRUCTION CO. LIMITED (Plaintiff/Appellant) –and– BONO GENERAL CONSTRUCTION LIMITED and THE TOWN OF FLAMBOROUGH

AND RE: JOHN SUSIN –and– BONO GENERAL CONSTRUCTION LIMITED, CARMELO BONO, ANNE BONO and SALVATORE (SAM) BONO (Defendants/Respondents)

BEFORE: CATZMAN, ABELLA and SHARPE JJ.A.

HEARD: In writing

E N D O R S E M E N T

[1] These appeals were heard by this panel on October 31, 2000. At the conclusion of the appellants’ argument, we dismissed the appeals with costs.

[2] The appellants were represented by counsel on the hearing of these appeals.

[3] John Susin, on behalf of himself and the corporate appellants, now moves for an order setting aside this court’s order dismissing the appeals. He proposes that the motion be heard in writing as an opposed motion under rule 37.12.1(4).

[4] The members of the panel have read the material filed by Mr. Susin in support of this motion and we are all of the view that the motion should be denied. The appeals were fully argued and decided on their merits. Nothing in the material filed persuades us of any legal or factual ground that would warrant the remedy sought on this motion.

[5] The panel notes that the responding parties filed a notice intending to make oral argument on this motion. In reaching our conclusion, we have had regard only to the material filed by Mr. Susin. Having done so, we are all of the view that it will not be necessary for us to hear submissions from counsel for the responding parties. Accordingly, we have not directed that the motion be set down for oral argument.

[6] The motion is dismissed.

Signed: "M.A. Catzman J.A." "R.S. Abella J.A." "Robert J. Sharpe J.A."