DATE: 20041125

DOCKET: C41613

COURT OF APPEAL FOR ONTARIO

RE:

751518 ONTARIO LIMITED, 605446 ONTARIO LIMITED, ANGELO CARLUCCI (Respondents (Applicants)) – and – GUILIO DE FILIPPIS (Appellant (Respondent))

BEFORE:

GOUDGE, SHARPE AND GILLESE JJ.A.

COUNSEL:

Ronald B. Moldaver, Q.C.

for the appellant

Claudio Aiello

for the respondent

HEARD & ENDORSED:

November 24, 2004

On appeal from the order/judgment of Justice Alexandra Hoy of the Superior Court of Justice dated March 12, 2004.

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

[1] In our view Hoy J. had the jurisdiction to make the substantive order appealed from. The appellant’s consent effectively serves to amend the right to seek the court’s assistance conferred by the arbitration agreement. This, as well as Rule 14.05 is ample to clothe Hoy J. with jurisdiction. As to her award of costs we see no error in principle nor any other basis to interfere with her exercise of discretion.

[2] The appeal is dismissed. Cost fixed at $4000 to be set off against the amount to be recovered by the appellant at arbitration.