DATE: 20030929

DOCKET: C39707

COURT OF APPEAL FOR ONTARIO

RE:

JOHN BORLASE WARREN and GERTRUDE MARIAN WARREN (Plaintiffs) (Respondents) – and – JAMES RANDALL WARREN (Defendant) (Appellant) – and – HEATHER ANNE WARREN, as Executor of the ESTATE OF ROBERT BORLASE WARREN and HEATHER ANNE WARREN (Defendants) (Respondents)

BEFORE:

LASKIN, GOUDGE and FELDMAN JJ.A.

COUNSEL:

William J. Leslie

for the appellant James Randall Warren

Michael M. Miller,

for the respondent Heather Anne Warren

Timothy G. Anderson,

for the respondent John Borlase Warren

HEARD & ENDORSED:

September 29, 2003

On appeal from the order of Justice Robert N. Weakes of the Superior Court of Justice dated March 7, 2003.

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

[1] We are not persuaded that the application judge erred in the exercise of his discretion in ordering a sale.

[2] Accordingly the appeal is dismissed with costs to the respondents fixed in the amount of $7,500, inclusive of disbursements and G.S.T.