DATE: 20030827

DOCKET: C39319

COURT OF APPEAL FOR ONTARIO

RE:

GIACOMO FERRANTE (Plaintiff (Appellant)) – and – JOSEPH DOBIS and 1275734 ONTARIO LIMITED (Defendants (Respondents))

BEFORE:

ROSENBERG, GOUDGE and SHARPE JJ.A.

COUNSEL:

Robert A. Spence

for the appellant

Joseph Markin

for the respondent

HEARD & ENDORSED:

August 14, 2003

On appeal from the order of Justice Keith A. Hoilett of the Superior Court of Justice dated December 20, 2002.

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

[1] It is not suggested that there is any basis for setting aside the settlement. In fact, it was the appellant who brought the motion to ensure the terms of the settlement. We see no ambiguity in the terms of the settlement and we agree with the motion judge’s interpretation of that settlement.

[2] Accordingly, the appeal is dismissed with costs fixed at $7,500 to be paid out of the monies held in trust. We have considered the endorsement of Morden J.A. and we do not see fit to award an amount for any loss said to have been occasioned by the adjournment.