DATE: 20040422

DOCKET: C36734

COURT OF APPEAL FOR ONTARIO

RE:

CANADIAN IMPERIAL BANK OF COMMERCE (Plaintiff/Respondent) v. PAUL CHARLES WICKS, LARRY GORDON, ST. WILLIBRORD COMMUNITY CREDIT UNION LIMITED, NORMAN WALKER AND MAGIC REALTY INC. (Defendants/Appellants)

BEFORE:

McMURTRY C.J.O., ABELLA AND ROSENBERG JJ.A.

COUNSEL:

Christopher McCarthy

for the appellant, Norman Walker

Sheldon L. Schwartz and Owen Thomas

for the respondent

HEARD & ENDORSED:

April 22, 2004

On appeal from the judgment of Justice Steven Rogin dated June 18, 2001.

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

[1] We agree with the comprehensive reasons of the trial judge. The record supports his factual findings and we find no error in his application of the law to those facts.

[2] The appeal is therefore dismissed with costs fixed in the amount of $15,000.