DATE: 20031014 DOCKET: M28073 (M28234)

COURT OF APPEAL FOR ONTARIO

RE:

BONO GENERAL CONSTRUCTION LIMITED (Plaintiff) (Responding Party) - and - TREVOR NICHOLAS CONSTRUCTION CO. LIMITED (Defendant) (Moving Party)

AND RE:

IN THE MATTER of the Construction Lien Act, R.S.O. 1983 c.6 TREVOR NICHOLAS CONSTRUCTION CO. LIMITED (Plaintiff) (Appellant) - and - BONO GENERAL CONSTRUCTION LIMITED and THE TOWN OF FLAMBOROUGH (Defendants) (Respondent)

AND RE:

JOHN SUSIN (Plaintiff) (Appellant) - and - BONO GENERAL CONSTRUCTION LIMITED, CARMELO BONO, ANNE BONO and SALVATORE (SAM) BONO (Defendants) (Respondents)

BEFORE:

LASKIN, GOUDGE and FELDMAN JJ.A.

COUNSEL:

Roy Wise for the moving party

Ian Brisbin for the responding party

HEARD:

October 2, 2003

On review of the order of Justice James MacPherson of the Court of Appeal for Ontario dated January 24, 2002.

ENDORSEMENT

[1] In his able argument for the moving party, Mr. Wise said everything that could be said in support of the motion. However, we are satisfied that MacPherson J.A. was correct in dismissing the motion to extend the time for appealing. The relief now sought by the moving party could and should have been raised on the appeals to this court on October 31, 2000. That relief is, therefore, subsumed in this court's dismissal of those appeals.

[2] Accordingly, this motion is dismissed.

"John Laskin J.A." "S.T. Goudge J.A." "K Feldman J.A."