DATE: 20030904 DOCKET: C38669

COURT OF APPEAL FOR ONTARIO

RE:

TONY ROSATI (Plaintiff/Appellant) -and- ALCATEL CANADA INC. (Defendant/Respondent)

BEFORE:

LABROSSE, ABELLA and CRONK JJ.A.

COUNSEL:

Graham E.S. Jones for the plaintiff/appellant

K. Scott McLean for the defendant/respondent

HEARD & ENDORSED:

September 4, 2003

On appeal from the judgment of Justice Helen M. Pierce of the Superior Court of Justice dated July 4, 2002.

APPEAL BOOK ENDORSEMENT

[1] In light of the employment contract and the Leave of Absence Agreement, we see no error in the conclusion reached by the trial judge. Costs fixed at $5,000.00.