DATE: 20030512

DOCKET: C37274

COURT OF APPEAL FOR ONTARIO

RE:

WINGS TECHNOLOGY INC. (Plaintiff (Respondent)) – and – NOVA TOOL & MOLD INC. (Defendant (Appellant))

BEFORE:

ABELLA, BORINS and ARMSTRONG JJ.A.

COUNSEL:

Arthur M. Barat, Q.C.

for the appellant

David McNevin and Matt Todd

for the respondent

HEARD:

May 12, 2003

On appeal from the judgment of Justice Thomson dated October 10, 2001.

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

[1] The appellant concedes that $22,987.50 is owed to the respondent. It has also not appealed the dismissal of its counterclaim.

[2] While we agree that there appeared to be no evidence to contradict a finding that a certified cheque was tendered, this does not undermine the conclusion, as asserted in paragraph 17 of the Statement of Claim, that the full amount was owing based on the invoices.

[3] We therefore see no basis for interfering in the result at trial. The appellant abandons its appeal as to costs.

[4] The appeal is therefore dismissed with costs fixed in the amount of $7,500 in total.