COURT OF APPEAL FOR ONTARIO

DATE: 20030611

DOCKET: C39522

RE: THE TORONTO-DOMINION BANK (Plaintiff) – and – KIRK RHEAL CHARETTE and GINETTE ANNETTE CHARETTE (Appellants)

BEFORE: ABELLA, MOLDAVER, FELDMAN JJ.A.

COUNSEL: Kirk Charette for himself Martin P. Zarnett for the plaintiff

HEARD AND ENDORSED: June 11, 2003

On appeal from judgment/order of Justice McGarry dated February 4, 2003 made at the Ontario Superior Court of Justice (Trial division) of London, Ontario.

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

[1] There is no basis in the record for interfering with the conclusion of McGarry J. that the bank is entitled to judgment.

[2] Based on the fresh evidence, admitted on consent, the judgment of McGarry J. is varied by amending the amount in paragraph 1 to $101,941.26 as of March 11, 2003, and ordering that the post-judgment interest run from March 12, 2003.

[3] The appeal is otherwise dismissed with costs fixed in the total amount of $1,500.00.