DATE: 20030530

DOCKET: C38016

COURT OF APPEAL FOR ONTARIO

RE:

GLENARIN ACRES LIMITED (Plaintiff/Appellant) – and – ROYAL BANK OF CANADA (Defendant/Respondent)

BEFORE:

CARTHY, CHARRON AND SHARPE JJ.A.

COUNSEL:

Kenneth Prehogan and Nicholas Holland

for the appellant

John S. Kelly and W. Eric Kay

for the respondent Royal Bank of Canada

HEARD & ENDORSED:

May 29, 2003

On appeal from the judgment of Justice Joan Lax of the Superior Court of Justice dated March 4, 2002.

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

[1] All of the findings of the trial judge point to her conclusion that the plaintiff had not provided any basis for considering a loss of opportunity to develop the property in any sense a reality. Without that beginning there was no lost opportunity to assess.

[2] We endorse the reasons of the trial judge and dismiss the appeal with costs fixed at $41,751.63 including G.S.T.