DATE: 20040204

DOCKET: C40732

COURT OF APPEAL FOR ONTARIO

RE:

CANADA WESTERN BANK (Plaintiff (Respondent)) – and – PAUL RICCI and TINA RICCI (Defendants (Appellants)

BEFORE:

MOLDAVER, MACPHERSON and SIMMONS JJ.A.

COUNSEL:

Dave Lindsay (Agent)

and Paul Ricci in person

for the appellant

Alan J. Butcher

for the respondent

HEARD & ENDORSED:

February 3, 2004

On appeal from the order of Justice Michael Meehan of the Superior Court of Justice dated September 11, 2003.

A P P E A L B O O K E N D O R S E M E N T

[1] In our view, there was ample evidence before the motions judge that entitled him to come to the conclusion he did. The motions judge made no error, either in his findings of fact or his application of the law. Accordingly, the appeal is dismissed. Costs to the respondent fixed at $2,500 inclusive of G.S.T. and disbursements.

Signed: “M.J. Moldaver J.A.”