DATE: 20030827

DOCKET: C37773

COURT OF APPEAL FOR ONTARIO

RE:

REIN VANDEWAL (Plaintiff (Respondent)) – and – JOHN VANDEWAL (Defendant (Appellant))

BEFORE:

CARTHY, MacPHERSON AND SIMMONS JJ.A.

COUNSEL:

Kenneth J.M. Coull

for the appellant (John Vandewal)

Kurt Pearson

for the respondent (Rein Vandewal)

HEARD & ENDORSED:

August 26, 2003

On appeal from the judgment of Justice Cheryl Robertson of the Superior Court of Justice dated January 23, 2002.

A P P E A L B O O K E N D O R S E M E N T

[1] The appellant brings us an argument for restitution which has not been tried nor pleaded. We can only turn to the trial judge’s analysis and findings, with which we can find no fault and dismiss the appeal with costs fixed at $5,000 all inclusive.