DATE: 20050408

DOCKET: C42723

COURT OF APPEAL FOR ONTARIO

RE:

LYNN CARL (Plaintiff/Respondent) -and- ADELIO MASTRANGELO, MARIA MASTRANGELO and BANK OF MONTREAL (Defendants/Appellants)

BEFORE:

CATZMAN, ROSENBERG and JURIANSZ JJ.A.

COUNSEL:

Bruce A. Macdonald

for the appellant

Timothy R. Pedwell

for the respondent

HEARD AND ENDORSED:

April 8, 2005

On appeal from the orders of Justice G. William Dandie of the Superior Court of Justice dated October 31, 2002 and May 15, 2003.

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

[1] The only issue argued on this appeal was whether there was evidence from which the trial judge could find, or could reasonably infer, as he did, that the respondent’s carport overhung the appellants’ property between the dates he mentioned. That evidence appears on page 29 and on pages 41 and 42 of the transcript. This constitutes sufficient evidence to require the appellants to adduce evidence, if it were available, to answer the evidence of the respondent. No such evidence was called.

[2] Accordingly, the appeal is dismissed with costs fixed in the amount of $4,000, inclusive of disbursements and G.S.T.