DATE: 20050126

DOCKET: C39632

COURT OF APPEAL FOR ONTARIO

RE:

DUCA COMMUNITY CREDIT UNION LIMITD (Plaintiff (Respondent)) – and – 1339928 ONTARIO INC., ANGELO A. DIAKOLOUKAS, SAMANTHA DIAKOLOUKAS AND SOPHIA DIAKOLOUKAS (Defendants (Appellants))

BEFORE:

MOLDAVER, BLAIR and LaFORME JJ.A.

COUNSEL:

Allan D. Powell

for Alfred Schorr, former counsel for the appellants

Angelo A. Diakoloukas, Samantha Diakoloukas and Sophia Diakoloukas

Kenneth G. Hood

for the respondent Duca Community Credit Union

HEARD & ENDORSED:

January 25, 2005

On appeal from the judgment of Justice Nancy M. Mossip of the Superior Court of Justice dated January 28, 2003.

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

[1] Order to go removing Mr. Schorr from the record. Mr. Powell, who appeared to speak for Mr. Schorr, advised that he had spoken to the one appellant who had not abandoned his appeal, namely Mr. Angelo Diakoloukas and he advised Mr. Diakoloukas that the appeal would proceed today. Mr. Diakoloukas has not appeared, nor has counsel appeared on his behalf.

[2] Accordingly, his appeal is dismissed as abandoned. Costs to the respondent fixed at $3,855.86 inclusive of G.S.T. and disbursements against Angelo Diakoloukas.