DATE: 20030722

DOCKET: C39493

COURT OF APPEAL FOR ONTARIO

RE:

878354 ONTARIO LTD. carrying on business as HARDWALL CONSTRUCTION (Respondent) (Plaintiff) – and – WOODBRIDGE AVENUE (1995) DEVELOPMENT INC., LORENZ SCHMIDT, BRIANE RANDALL and DAVID M. SIMON (Appellants) (Defendants)

BEFORE:

LASKIN, MOLDAVER and CRONK JJ.A.

COUNSEL:

Louis-Pierre Grégoire,

for the appellant

Gianfranco G. Piccin,

for the respondent

HEARD & ENDORSED:

July 18, 2003

On appeal from the judgment of Justice Ian V. B. Nordheimer of the Superior Court of Justice dated January 3, 2003.

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

[1] We agree with the reasons of Nordheimer J. The appeal is dismissed, with costs fixed at $3,000 plus G.S.T.