DATE: 20040122

DOCKET: C40013

COURT OF APPEAL FOR ONTARIO

RE:

BRUCE WARK and RAE ANN WARK (Plaintiffs/Respondents) –and– RACHEL OLIVER (Defendant/Appellant)

BEFORE:

LABROSSE, MOLDAVER and GILLESE JJ.A.

COUNSEL:

Walter C. Wieckowski

for the appellant

No one appearing

for the respondents

HEARD AND ENDORSED:

January 22, 2004

On appeal from the judgment of Justice Terrence A. Platana of the Superior Court of Justice dated April 9, 2003.

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

[1] The solicitors for the respondents advised the court that they would not be filing any material and would not appear on this appeal.

[2] The appeal is allowed, the default judgment dated November 27, 2001 is set aside on the basis that the statement of claim was not properly served under the Rules. The Writ of Seizure and Sale is set aside.

[3] Costs of the motion below are fixed at $250.00 and of this appeal at $1,000.00, payable to the appellant.