DATE: 20030428

DOCKET: C37101

COURT OF APPEAL FOR ONTARIO

RE:

W.S. MORGAN CONSTRUCTION (Plaintiff (Appellant)) and PARRY SOUND TRAVELLERS INC. and CANADIAN IMPERIAL BANK OF COMMERCE (Defendants)

BEFORE:

CARTHY, ROSENBERG AND CRONK JJ.A.

COUNSEL:

D. Andrew Thomson

for the appellant

B. Jusko

for the respondent Parry Sound Travellers

HEARD:

April 28, 2003

On appeal from the judgment of Justice J.S. O’Neill of the Superior Court of Justice dated June 13, 2001.

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

[1] The appellant puts forward three issues as to liability and we are satisfied that the trial judge made no reversible error on any one of them. The allocation of costs was a discretionary one and we see no error in principle.

[2] Appeal dismissed with costs fixed at $6,000.00 including credit for those for abandoned appeal and inclusive of G.S.T.