DATE: 20041108

DOCKET: C41517

COURT OF APPEAL FOR ONTARIO

RE: CONVENTIONAL FINANCE CORPORATION and COMWEST PROPERTIES INC. (Plaintiffs (Appellants)) and WOODS PROPERTY DEVELOPMENT INC., IRWIN MINTZ and 781526 ONTARIO INC. (Defendants (Respondents))

BEFORE: GOUDGE, FELDMAN AND LANG JJ.A.

COUNSEL:

Robert R. Cucci for the appellant

D. R. Rothwell for the respondent, Irwin Mintz

B. Salsberg for the respondent, Woods Property

HEARD & ENDORSED: November 5, 2004

On appeal from the order of Justice Paul Rivard of the Superior Court of Justice dated February 6, 2004.

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

[1] All parties agree that this appeal is now moot although they disagree as to when it became moot. Mr. Rothwell says it was moot as of the vesting order in February 2004. Mr. Salsberg says it was moot as of the first financing shortly thereafter. Mr. Cucci says it became moot in August or September when his clients were paid off. No one moved for an order discussing the appeal as moot, as they might have done, until today when in effect Mr. Cucci makes such a motion. Nor did Mr. Cucci file a notice of abandonment and contest the costs that the Rules provide for, which he might have done. In the circumstances we order that the appeal be dismissed as moot. Costs to Mr. Rothwell’s client and Mr. Salsberg’s client each fixed at $1000.