DATE: 20030527

DOCKET: C39222

COURT OF APPEAL FOR ONTARIO

RE:

GERRY PARSLOW AND KATHY PARSLOW (Plaintiffs (Appellants)) and OLD REPUBLIC INSURANCE COMPANY OF CANADA, STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY o/a STATE FARM INSURANCE and THE PERSONAL REPRESENTATIVE OF NELLIE J. MULLINS, Deceased and/or NELLIE J. MULLINS, Deceased (Defendants (Respondents))

BEFORE:

CARTHY, CHARRON AND SHARPE JJ.A.

COUNSEL:

Lawrence W. Gan

for the appellant

Wayne McCormick

for the respondent

HEARD & ENDORSED:

May 26, 2003

On appeal from the order of Justice P. B. Hambly of the Superior Court of Justice dated November 21, 2002.

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 the motion judge and therefore dismiss the appeal with costs on a partial indemnity basis of $3,000 including G.S.T.