DATE: 20030917

DOCKET: C40037

COURT OF APPEAL FOR ONTARIO

RE:

TOMLIN GOLDSON (Plaintiff/Appellant) v. PROTOS SHIPPING LIMITED and MELFI MARINE CORP. S.A. (Defendants/Respondents)

BEFORE:

DOHERTY, WEILER and SHARPE JJ.A.

COUNSEL:

Gary A. Bennett

for the appellant

William Sharpe

for the respondents

HEARD & ENDORSED:

September 16, 2003

On appeal from the judgment of Justice Clarke dated April 16, 2003.

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

[1] The appellant contends that he brought himself within the one year limitation period by advising the respondent Melfi of his claim within one year. We cannot agree. The section says “unless suit is brought …”. Notice of a claim does not equal bringing a suit. Nor is this a case where the respondent’s conduct misled the appellant or otherwise estopped the respondent from relying on the limitation period.

[2] In all other respects, we are satisfied that the summary motion judge did not err in holding that there was no case for trial given the way the case was pleaded and argued before him.

[3] The appeal is dismissed with costs to the respondent in the amount of $7,000.