DATE: 20030410

DOCKET: C39229

COURT OF APPEAL FOR ONTARIO

RE: TORONTO CONGRESS CENTRE Plaintiff (Respondent) – and MACLAREN McCANN CANADA INC. and GENERAL MOTORS OF CANADA LIMITED Defendants (Appellants)

BEFORE: MORDEN, LABROSSE and GOUDGE JJ.A.

COUNSEL: Darilynn Allison for the appellants

Nina Bombier for the respondent

HEARD: April 9, 2003

On appeal from the order of Justice Harvey Wilton-Siegel of the Superior Court of Justice dated November 13, 2002.

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

[1] We do not think that the motion judge erred with respect to his decisions on the issues raised in this appeal.

[2] Respecting liability, the issue turned on the interpretation of the contract. We agree with the motion judge’s interpretation.

[3] Respecting damages, specifically, mitigation, we think that the evidence supports the motion judge’s conclusion that cross-examination was not necessary. The evidence on this issue was not solely available to the plaintiff. It was not unjust to grant summary judgment. Appeal dismissed with costs fixed at $3,750.

“J.W. Morden”