DATE: 20040121

DOCKET: C39539

COURT OF APPEAL FOR ONTARIO

RE:

H-NET.COM INC. (Plaintiff/Respondent) –and– CARLTON M. JACKSON o/a IMPERIAL COMPUTER SOLUTIONS, 1383065 ONTARIO LIMITED, ANDRE HAMILTON, SYSTEMS PERSONNEL LIMITED o/a M.I.S. CONSULTANTS, LODGERICA C. BARNSWELL, also known as L.C. BARNSWELL, and 1414047 ONTARIO INC. and LOLA HAMI (Defendants/Appellants)

BEFORE:

LABROSSE, MOLDAVER and GILLESE JJ.A.

COUNSEL:

G. Peter Abrahams

for the appellants

Stephen R. Dyment

for the respondent

HEARD AND ENDORSED:

January 21, 2004

On appeal from the order of Justice Craig Perkins of the Superior Court of Justice dated January 20, 2003.

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 motions judge that the appellants did not meet the test to set the default judgment aside. The appeal is dismissed with costs fixed at $7,500.00.