DATE: 20030917

DOCKET: C38693

COURT OF APPEAL FOR ONTARIO

RE:

DANTE ELIO CONTO and MERCED BUILDING COMPANY LTD. (Plaintiff/Respondent) v. DIANNE BLANCHE DRISCOLL (Defendant/Appellant)

BEFORE:

DOHERTY, WEILER and SHARPE JJ.A.

COUNSEL:

Dianne Blanche Driscoll

appearing in person

C. Chang

for the respondent

HEARD & ENDORSED:

September 16, 2003

On appeal from the judgment of Justice S. Seppi dated July 11, 2002.

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

[1] The motion judge properly construed the Minutes of Settlement. The explanation offered by the appellant, appearing in person before this court, is not in the material placed before the motion judge and we cannot take it into consideration.

[2] The appeal is dismissed. Costs to the respondent are fixed at $3,000.