DATE: 20040405
DOCKET: C39845

COURT OF APPEAL FOR ONTARIO

RE:

KARL E. WESELAN (Plaintiff/Appellant) v. TOTTEN SIMS HUBICKI ASSOCIATES (1997) LIMITED (Defendant/Respondent)

BEFORE:

DOHERTY, MOLDAVER and FELDMAN JJ.A.

COUNSEL:

Catherine Patterson for the appellant

John W. Montgomery for the respondent

HEARD & ENDORSED:

March 30, 2004

On appeal from the judgment of Justice Festeryga dated March 25, 2003.

APPEAL BOOK ENDORSEMENT

[1] Considering the order of this court directing a new trial on the question of damages and the reasons of the trial judge, we are satisfied that the order at trial is an order for a single payment of not more than $25,000, exclusive of costs. In reaching this conclusion, we acknowledge that paragraph 1 of the trial judgment does create some confusion.

[2] This matter is properly in the Divisional Court and order to go transferring the appeal. No costs.