Court of Appeal for Ontario

Baker v. Turville

Date: 2001-01-11

Counsel: James C. Morton (Steinberg Morton Frymer), for the plaintiffs/appellants; David M. Golden (Torkin Manes Cohen & Arbus), for the defendant/respondent.

(Court File No. C32476)

[1] Weiler, J.A.: This appeal has no merit with respect to Mr. Turville, we are of the opinion that the decisions in Vaz-Oxlade et al. v. Volkenstein et al., [2000] O.J. No. 2694;, 135 O.A.C. 140 (C.A.) and Wong et al. v. 407527 Ontario Ltd. et al., [1999] O.J. No. 1805;, 125 O.A.C. 101 (C.A.), govern and that this case cannot be distinguished from those cases. We would award solicitor and client costs of the appeal to Mr. Turville.

[2] With respect to Mr. Wilkinson, no basis was advanced for the appeal against him yet the appeal was not abandoned. In these circumstances we think he is entitled to solicitor and client costs of the appeal.

Appeal dismissed.