DATE: 20040304

DOCKET: C40559

COURT OF APPEAL FOR ONTARIO

RE:

PETER THOULESS and YVONNE CAMPBELL (Plaintiffs/Appellants) – and – PETER KLATIL, 1160491 ONTARIO INC., OPERATING AS THE GOLDEN HORSESHOE HOCKEY LEAGUE, APPLEBY ICE CENTRE AND THE CITY OF BURLINGTON (Defendants/Respondents)

BEFORE:

GILLESE, ARMSTRONG and BLAIR JJ.A.

COUNSEL:

Kathy Chittley‑Young and Christopher J. Haber

for the appellants

David G. Boghosian

for the respondent, City of Burlington

Herbert Huffman

for the respondent, Golden Horseshoe Hockey League

HEARD & ENDORSED:

March 2, 2004

On appeal from the order of Justice Kenneth A. Langdon of the Superior Court of Justice dated August 5, 2003.

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

[1] There is no basis upon which this court should interfere with the judgment below. The motions judge was fully justified in finding that there was no genuine issue or material fact requiring a trial. The record supports the motions judge’s findings and conclusions.

[2] The appeal is dismissed with costs to each of the respondents fixed at $500.