DATE: 20030523

DOCKET: C38447

COURT OF APPEAL FOR ONTARIO

RE:

THE TORONTO-DOMINION BANK (Plaintiff/Respondent) and 1007946 ONTARIO LIMITED operating as BO JO ENTERPRISES also operating as COUNTRY STYLE DONUTS and JOHN GORDON MACDONALD and BONNIE ELEANOR MACDONALD (Defendants/Appellants)

BEFORE:

McMURTRY C.J.O., O’CONNOR A.C.J.O. AND SIMMONS J.A.

COUNSEL:

Patrick Di Monte

for the defendants/appellants

Jordan Potasky

for the plaintiff/respondent

HEARD & ENDORSED:

MAY 22, 2003

On appeal from the judgment of Justice C. Marchand of the Ontario Superior Court of Justice dated June 20, 2002.

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

[1] In our view the applications judge made no error in refusing to admit the appellants’ affidavit and even if the affidavit had been admitted, it would have made no difference to the result. The appeal is therefore dismissed with costs fixed in the amount of $3,000.