DATE: 20050627

DOCKET: C41691

COURT OF APPEAL FOR ONTARIO

RE:

WINDSOR MOLD INC. (Respondent/Plaintiff and Defendant by Counterclaim) and EXPRESS MOLDING INTERNATIONAL INC. AND ENZO MAOLA (Appellants/Defendants and Plaintiffs by Counterclaim)

BEFORE:

McMURTRY C.J.O., CATZMAN AND SIMMONS JJ.A.

COUNSEL:

Arthur Barat

for the appellants

Robert Istl

for the respondent

HEARD & ENDORSED:

June 27, 2005

On appeal from the judgment of Justice Patterson dated March 26, 2004.

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

[1] Mr. Barat founded his submissions on the basis that the trial judge’s findings at paragraph 21 and 33 of his reasons for judgment were erroneous. Notwithstanding the very able argument of Mr. Barat, we are satisfied that the findings in these paragraphs were reasonably supported by the evidence and, accordingly, the appeal is dismissed.

[2] The respondent is entitled to its costs of the appeal in the amount of $8,250.00 plus disbursements and GST and in addition to the costs of maintaining the letter of credit from the date of the trial judgment until the letter of credit may be surrendered on a date to which counsel for the parties consent.