DATE: 20040112

DOCKET: C40294

COURT OF APPEAL FOR ONTARIO

RE:

SWARN KAUR (Appellant) –and– THE MANUFACTURERS LIFE INSURANCE COMPANY and GIAN SINGH GUNDU (Respondents)

BEFORE:

CATZMAN, LASKIN and BORINS JJ.A.

COUNSEL:

Patrick Di Monte

for the appellant

Peter Verbeek

for the respondent

HEARD AND ENDORSED:

January 12, 2004

On appeal from the order of Justice Joseph Fragomeni of the Superior Court of Justice dated June 9, 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 satisfied that Fragomeni J. made any error in dismissing the appellant’s motion. The evidence filed in support of the motion did not warrant the order that was sought.

[2] Counsel for the respondent filed no factum in response to the appeal and we therefore make no order as to costs.

[3] Appeal dismissed. No order as to costs.