DATE: 20050629

DOCKET: C42804

COURT OF APPEAL FOR ONTARIO

RE:

DONALD B. MOSHER (Plaintiff/Appellant) – and – HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO (Defendant/Respondent)

BEFORE:

BORINS, FELDMAN and MACFARLAND JJ.A.

COUNSEL:

Donald B. Mosher

appellant in-person

James W. Smith

for the respondent

HEARD & ENDORSED:

June 24, 2005

On appeal from the order of Justice Patrick Smith of the Superior Court of Justice dated November 9, 2004.

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

[1] There is no merit to this appeal. We agree with the decision of the motion judge for the reasons that he gave. The appeal is dismissed with costs on a partial indemnity basis fixed at $500 inclusive of disbursements and GST.