DATE: 20040617

DOCKET: C40950

COURT OF APPEAL FOR ONTARIO

RE:

JO-ANNE BELLUZ (Plaintiff/Respondent) v. 779457 ONTARIO LIMITED, ROMAN BARTKIW AND FRANK VANDERVELDE carrying on business as VAN CASTLE HOMES, SOIL-MATE ENGINEERS AND CONSULTANTS LTD., JOHN MONKMAN, JIM ATTICE CO. LTD., JIM’S CEMENT AND THE CORPORATION OF THE TOWN OF DUNDAS (Defendants/Appellants)

BEFORE:

McMURTRY C.J.O., GILLESE AND BLAIR JJ.A.

COUNSEL:

James O’Brien

for the defendants/appellants

William P. Dermody

for the plaintiff/respondent

HEARD & ENDORSED:

June 17, 2004

On appeal from the order of Justice Thomas Loftchik dated October 8, 2003.

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

[1] We do not find any error in principle in the decision arrived at by the motions judge. The appeal is therefore dismissed with costs fixed in the amount of $3,500.00 plus GST.