COURT OF APPEAL FOR ONTARIO

DATE: 20030414

DOCKET: C39139

RE: EMCEA TRANSPORT INC. (Plaintiff)(Respondent) – and – RHODIE LOGISTICS INTERNATIONAL INC., TITAN PLASTICS INC., WOLLIN CANADA INC. and WOLLIN PRODUCTS INC. (Defendants) (Appellant) – and – BLACK EAGLE ENGINEERING LTD. and ANDREW T. CHOLY (Third Parties)

BEFORE: WEILER, ABELLA and ARMSTRONG JJ.A.

COUNSEL: Donald A. McNeill, for the appellant Arthur J. Campbell, for the respondent

HEARD: April 14, 2003

On appeal from the judgment of the Honourable Justice B. Thomas Granger of the Superior Court of Justice dated October 15, 2002.

APPEAL BOOK ENDORSEMENT

[1] In our opinion the motions judge did not err in granting summary judgment. When the appellant asked that the bills be sent to it directly, it was the intention and understanding of the parties that the respondent was entitled to look to the appellant and not the Titan group for payment.

[2] The motions judge also did not err in granting summary judgment on the evidence before him. All the relevant evidence was before him.

[3] On the issue of costs, while we might have come to a different view with respect to costs there is no basis for us to interfere with the award of costs.

[4] The appeal is, therefore, dismissed with costs to the respondent fixed in the amount of $3,000, all inclusive.