DATE: 20031017

DOCKETS: C39756 and C39999

COURT OF APPEAL FOR ONTARIO

RE: DIAMOND & DIAMOND (Plaintiff/Respondent) –and– JAMES W. SREBROLOW and SIDNEY J. LEBOWITZ (Defendants/Appellants)

BEFORE: MOLDAVER, BORINS and MacPHERSON JJ.A.

COUNSEL: Ronald Flom and Robert W. Trifts for the appellants

Thomas Dunne, Q.C. and Chris Stanek for the respondent

HEARD AND ENDORSED: October 17, 2003

On appeal from the order of Justice Susan G. Himel of the Superior Court of Justice dated February 26, 2003.

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

[1] We are not persuaded that the motions judge erred in her conclusion that the dispute which forms the subject-matter of the claim falls outside the ambit of the arbitration clause in the minutes of settlement.

[2] Accordingly, the appeal is dismissed with costs fixed at $7,000.00 inclusive of G.S.T. and disbursements.