DATE: 20040618

DOCKET: C41043

COURT OF APPEAL FOR ONTARIO

RE:

BLUE STAR TRAILER RENTALS INC. (Respondent) v. MON-T-KO IMPORTING & EXPORTING LIMITED, FREE BIRD CARRIERS SYSTEMS INC. AND SERGIO MONTICCHIO (Appellants)

BEFORE:

McMURTRY C.J.O., GILLESE AN BLAIR JJ.A.

COUNSEL:

Vusumzi Msi

for the appellants

Michael Woods

for the respondent

HEARD & ENDORSED:

June 18, 2004

On appeal from the judgment of Justice Spence dated October 30, 2003.

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

[1] We do not find any error in principle in the exercise of the discretion of the motions judge in refusing the adjournment. We also see no reason to interfere with the legal conclusion reached by the motions judge.

[2] The appeal is therefore dismissed with costs fixed in the amount of $3,500.00 all inclusive.