DATE: 20041118

DOCKET: C41291

COURT OF APPEAL FOR ONTARIO

RE:

THE CHIPPEWAS OF MNJIKANING FIRST NATION (Applicant) (Appellant) – and – CHC CASINOS CANADA LIMITED, ONTARIO LOTTERY AND GAMING CORPORATION and ONTARIO FIRST NATIONS LIMITED PARTNERSHIP (Respondents)

BEFORE:

WEILER, SHARPE and BLAIR JJ.A.

COUNSEL:

M. Philip Tunley and

Keary Grace

for the appellant

Bonnie A. Tough

for the respondent CHC Casinos Canada Ltd.

James W.E. Doris and

Matthew Milne-Smith

for the respondent

Ontario Lottery and Gaming Corporation

Tycho M.J. Manson

Ontario First Nations Limited Partnership

HEARD & ENDORSED:

November 16, 2004

On appeal from the judgment of Justice Katherine E. Swinton of the Superior Court of Justice dated January 2, 2004.

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

[1] We find it unnecessary to comment on the standard of review in this case. Although the appellant raised a number of grounds of appeal we are satisfied that the reasons of Swinton J. adequately dealt with each of those grounds and we agree with her.

[2] Accordingly, we would dismiss the appeal with costs fixed in the amount of $5,000 to OLGC and $4,000 to OFNLP, all inclusive.