DATE: 20040916

DOCKET: C41603

COURT OF APPEAL FOR ONTARIO

RE:

HEFFNER AUTO SALES AND LEASING INC. (Plaintiff/Respondent) – and – COMMUNITEQ SYSTEMS INC., PETER A. STEVENS, RENTAL DIRECT INCORPORATED and CHARLES E. BROADWELL (Defendants/Appellant)

BEFORE:

MACPHERSON, JURIANSZ JJ.A. and SPEYER J. (ad hoc)

COUNSEL:

Gerald E. Taylor

for the appellant

Anthony T. Keller

for the respondent

HEARD & ENDORSED:

September 15, 2004

On appeal from judgment of Justice Peter B. Hambly of the Superior Court of Justice dated February 26, 2004.

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

[1] We agree with the motions judge that this was a clear case of conversion. The appeal is dismissed.

[2] Costs to the respondent on a partial indemnity basis fixed at $6,753.99, inclusive of disbursements and GST.