DATE: 20040326 DOCKET: C40770

COURT OF APPEAL FOR ONTARIO

RE:

FARSHE TABRIZ PERSIAN RUGS INC. (Plaintiff/Appellant) - and - SUSSEX RUG GALLERY (Defendant/Respondent)

BEFORE:

MACPHERSON, SIMMONS and ARMSTRONG JJ.A.

COUNSEL:

Derek Vanstone for the appellant

W. Douglas R. Beamish for the respondent

HEARD & ENDORSED:

March 26, 2004

On appeal from the order of Justice Susan E. Greer of the Superior Court of Justice dated October 7, 2003.

APPEAL BOOK ENDORSEMENT

[1] There was a pattern of non?compliance with court orders which meant that the scheduled trial could not proceed. The non-compliance continued for well over a year and involved two different court orders.

[2] The trial judge exercised her discretion and determined that the action should be dismissed. We see no reason to interfere with this decision.

[3] The appeal is dismissed with costs of $3,500, inclusive of disbursements and GST.