DATE: 20040405
DOCKET: C38670

COURT OF APPEAL FOR ONTARIO

RE:

RAM CHARAN SINGH (Appellant/Plaintiff) v. HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO as represented by THE MINISTER OF THE ATTORNEY GENERAL JIM FLAHERTY, J. RAFTERY and KAMLA TIRBAYNEE (Respondents/Defendants)

BEFORE:

DOHERTY, MOLDAVER and FELDMAN JJ.A.

COUNSEL:

Patrick Di Monte for the appellant

Lynne McArdle for the Crown respondent

J. Stone for the respondent, Tirbaynee

HEARD & ENDORSED:

March 30, 2004

On appeal from the judgment of Lane J. of the Superior Court of Justice dated July 3, 2002.

APPEAL BOOK ENDORSEMENT

[1] We agree with the disposition of the motion judge. The statement of claim alleges several courses of action against Ms. Tirbaynee. However, the only factual allegation pleaded (perjury) in support of the claims cannot in law support any of the claims. Appeal dismissed. Costs to Ms. Tirbaynee in the amount of $3,000.00.