DATE: 20041013 DOCKET: C41593

COURT OF APPEAL FOR ONTARIO

RE:

TORONTO DOMINION BANK (Plaintiff/Respondent) – and – DIANE E. PETIS and DENNIS PETIS (Defendants/Appellants)

BEFORE:

MACPHERSON, JURIANSZ JJ.A. and SPEYER J. (ad hoc)

COUNSEL:

no-one appearing for the appellant

James M. Butson for the respondent

On appeal from the order of Justice Mary A. Sanderson of the Superior Court of Justice dated February 27, 2004.

COSTS ENDORSEMENT

[1] The appeal is dismissed as abandoned.

[2] Costs to the respondent fixed at $2000, inclusive of disbursements and GST.

“J. C. MacPherson J.A.”

“R. G. Juriansz J.A.”

“C. Speyer J. (ad hoc)”