DATE: 20040114

DOCKET: C40610

COURT OF APPEAL FOR ONTARIO

RE:

BANK OF MONTREAL (Plaintiff/Respondent) –and– SKYVIEW TRAILER SALES INC., MELVIN and BEVERLY GORESKI O/A SKYVIEW RENTALS, BEVERLY GORESKI IN HER CAPACITY AS EXECUTOR OF THE ESTATE OF MELVIN GORESKI, DECEASED, AND BEVERLY GORESKI (Defendants/Appellants)

BEFORE:

CATZMAN, LASKIN and FELDMAN JJ.A.

COUNSEL:

Melvyn L. Solmon and Raffaele Sparano

for the appellants

Emma Kenley

for the respondent

HEARD AND ENDORSED:

January 14, 2004

On appeal from the judgment of Justice Robert A. Blair of the Superior Court of Justice dated August 8, 2003.

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

[1] At the outset of the appeal, the court raised the question of our jurisdiction to entertain the appeal. Both counsel submitted that we had jurisdiction and that we should hear the appeal on its merits. We did so.

[2] In our view, the appeal is wholly unmeritorious. Blair J. had the jurisdiction to make the order he did under rule 49.09 of the Rules of Civil Procedure, and he made no error in exercising his discretion in the manner in which he did.

[3] The appeal is dismissed with costs fixed in the sum of $3,500, inclusive of disbursements and G.S.T.