DATE: 20030409

DOCKET: C39137

COURT OF APPEAL FOR ONTARIO

RE: R & S TRANSPORTATION INC. (Plaintiff (Respondent)) - and 1150727 ONTARIO INC. c.o.b. as MACJAC LOGISTICS and KIMBERLEY ELISE CAPPER (Defendant (Appellant))

BEFORE: ROSENBERG, MACPHERSON and SIMMONS JJ.A.

COUNSEL: Jerry Herszkopf For the appellant

Christopher E. Chop For the respondent

HEARD: APRIL 9, 2003

On appeal from the order of Justice Hoy of the Superior Court of Justice dated November 1, 2002.

APPEAL BOOK E N D O R S E M E N T

[1] We agree with Hoy J. that the Agreement and the Bills of Lading had to be read together and therefore the appellant had to give 60 days written notice of liability for a claim based on delay.

[2] The appeal is dismissed, without costs. Costs of the motion before the Deputy Registrar fixed at $535 inclusive of disbursements and GST payable by the appellant to the respondent.