DATE: 20041019

DOCKET: C41768 & C41769

COURT OF APPEAL FOR ONTARIO

RE:

CHARLENE WALSH (Appellant) – and – BRIGITTE REGENSCHEIT, 1124660 ONTARIO LTD, EDGAR HIDALGO, JOEL RAPINAN ET AL. (Respondents)

AMANDA JEAN MacNEIL (Appellant) – and – BRIGITTE REGENSCHEIT, 1124660 ONTARIO LTD, EDGAR HIDALGO, JOEL RAPINAN ET AL. , (Respondents)

BEFORE:

MOLDAVER and SHARPE JJ.A. and KILEEN J. (ad hoc)

COUNSEL:

Samuel Willoughby and Ernest J. Guiste

for the appellants

Charlene Walsh and Amanda MacNeil

David Shiller for the respondents

Edgar Hidalgo and Joel Rapinan

HEARD & ENDORSED:

October 18, 2004

On appeal from the order of Justice Ian Nordheimer of the Superior Court of Justice dated March 5, 2004.

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

[1] We see no error in the reasons of the motion judge. In our view, the blanket denials of any wrongdoing by the moving parties satisfied the threshold for a Rule 20 motion in the circumstances of this case. The plaintiffs’ materials, as noted by the motion judge, fell short of raising a genuine issue for trial. We see no merit in the further submission, made for the first time on appeal, that the motions should not have been heard together. Accordingly, we would dismiss the appeals.

[2] With respect to costs, leave to appeal is denied. There is no issue of law that warrants the granting of leave.

[3] Costs of the appeals to the respondents fixed at $3,500 (total for both appeals) inclusive of GST and disbursements.

“Moldaver J.A.”