COURT OF APPEAL FOR ONTARIO

RE:

AYLMER MEAT PACKAGERS INC. (Defendant/Appellant) –and– CHIEFS HEAVY TRUCK COLLISION INC. (Plaintiff/Respondent)

BEFORE:

LABROSSE, ABELLA and LASKIN JJ.A.

COUNSEL:

Ian Gerald T. Smits

for the appellant

Anthony T. Keller

for the respondent

HEARD AND ENDORSED:

January 20, 2004

On appeal from the order of Justice Erwin W. Stach of the Superior Court of Justice dated May 22, 2003.

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

[1] We are not persuaded that the trial judge made any reviewable error. The appeal is dismissed. Costs are fixed at $6,000.00.