DATE: 20041220

DOCKET: C41741

COURT OF APPEAL FOR ONTARIO

RE:

ELISE JILL HALLEWICK (Plaintiff/Appellant) – and PATRICIA EVERINGHAM (Defendant/Respondent)

BEFORE:

BORINS, FELDMAN and CRONK JJ.A.

COUNSEL:

T. Chris E. J. Ecclestone

for the appellant

Martha A. McCarthy

for the respondent

HEARD & RELEASED ORALLY:

December 16, 2004

On appeal from the order of Justice Elizabeth M. Stewart of the Superior Court of Justice dated April 14, 2004.

E N D O R S E M E N T

[1] This is an appeal from the order of Stewart J. affirming a settlement. We agree with the motion judge that there was a settlement reached between the parties based on the communications between their lawyers that included the execution of a mutual release in the terms stated in paragraph 5 of the letter of November 25, 2003, written by the appellant’s lawyer, Mr. Adelson.

[2] Accordingly, we would vary the order of the motion judge in respect to the terms of Schedules A and B to reflect this endorsement. Otherwise the appeal is dismissed.

[3] The respondent is entitled to her costs on a partial indemnity scale fixed at $5,000 inclusive of disbursements and GST.

“S. Borins J.A.”

“K. Feldman J.A.”

“E. A. Cronk J.A.”