COURT OF APPEAL FOR ONTARIO

RE:

1348121 ONTARIO INC. (o/a THE DOGER & FIRKIN) TERRY YATES AND LAURA YATES A.K.A. LAURIE YATES (Appellants) and ROYAL BANK OF CANADA (Respondent)

BEFORE:

McMURTRY C.J.O., WEILER AND SHARPE JJ.A.

COUNSEL:

Roger Batchelor

for the appellants,

James Satin

for the respondent

HEARD & ENDORSED:

November 7, 2003

On appeal from the order of Justice Van Melle of the Superior Court of Justice dated February 6, 2003.

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

[1] We find no error on the part of the motions judge in holding that there is no genuine issue of material fact requiring a trial.

[2] The appeal is therefore dismissed with costs fixed in the amount of $3,500.