DATE: 20040628

DOCKET: C38426

COURT OF APPEAL FOR ONTARIO

RE:

IVANOV AND ASSOCIATES LIMITED carrying on business as URBAN ENGINEERING CONSTULANTS (Plaintiff (Respondent)) – and – FUSCANA ENTERPRISES MANAGEMENT INC. and LYNN-MARSH CONSTRUCTION LIMITED and PHILMOR GROUP LIMITED (Defendants (Appellants))

BEFORE:

ABELLA, BORINS & SIMMONS JJ.A.

COUNSEL:

Joseph Vieni

for the appellant

James Fyshe

for the respondent

HEARD AND ENDORSED:

June 28, 2004

On appeal from the judgment of Justice J. R. Jennings of the Superior Court of Justice dated May 22, 2002.

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

[1] This is a fact-driven appeal. There is no doubt that on certain key issues, the evidence was less clear than it could have been. However, the trial judge made findings which were supported by the record, and we see no misappreciation of the evidence in those findings.

[2] Appeal dismissed with costs fixed in the total amount of $5,000.00.