DATE: 20040326

DOCKET: C38529

COURT OF APPEAL FOR ONTARIO

RE:

WILLIAM J. CARLYLE, ESTATE TRUSTEE REPRESENTING THE ESTATE OF SAMUEL ZIGMAN AND 879439 ONTARIO LTD. (Plaintiffs/Respondents) – and – HAROLD’S DEMOLITION & RECYCLING (Defendant/Appellant)

BEFORE:

MACPHERSON, SIMMONS and ARMSTRONG JJ.A.

COUNSEL:

Bryce V. Geoffrey

for the appellant

W. Ormond Murphy

for the respondents

HEARD & ENDORSED:

March 26, 2004

On appeal from the judgment of Justice Paul J. Cosgrove of the Superior Court of Justice dated May 16, 2002.

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

[1] The trial judge’s conclusion that the appellant had not established that the money he received from Zigman was a gift is well‑supported by the record, as is his conclusion that the storage of property at the abandoned school did not constitute a bailment.

[2] Accordingly, the appeal is dismissed with costs of $7000, inclusive of disbursements and GST.