DATE: 20030616

DOCKET: C38958

COURT OF APPEAL FOR ONTARIO

RE:

DUCA COMMUNITY CREDIT UNION LIMITED (Plaintiff (Respondent)) – and – FULCO AUTOMOTIVE LIMITED, MIRIAM FULOP AND IGNATZ FULOP (Defendants (Appellants))

BEFORE:

ROSENBERG, MOLDAVER and FELDMAN JJ.A.

COUNSEL:

Richard H. Parker for the appellants

Miriam Fulop and Fulco Automotive Limited

Natalie Marconi

for the respondent

HEARD & ENDORSED:

June 13, 2003

On appeal from the decision of Justice Russell G. Juriansz of the Superior Court of Justice dated August 28, 2002 and revised on September 24, 2002.

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

[1] The trial judge made findings of fact that are supported by the evidence. We are satisfied that the trial judge properly applied the law to those facts.

[2] Accordingly, the appeal must be dismissed with costs fixed at $12,500 inclusive of disbursements and GST and including the costs of the motion before the Deputy Registrar.