DATE: 2003-06-24

DOCKET: C39452-M29446

COURT OF APPEAL FOR ONTARIO

RE: MAHIN ZAEIMI (Appellant/Defendant) v. RAFAT MOSSADEGHI (Respondent/Plaintiff)

BEFORE: O’CONNOR A.C.J.O., MORDEN and SHARPE JJ.A.

COUNSEL: Zeya Haque for the appellant Murray McEniry for the respondent

HEARD & ENDORSED: June 20, 2003

On appeal from the order of Justice John Cavarzan dated November 28, 2002.

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

[1] We are not persuaded that the motion judge erred in dismissing the motion. The appeal is dismissed. Costs to the respondent in the amount of $1,500, inclusive of disbursements and G.S.T.