DATE: 20050203

DOCKET: C42032

COURT OF APPEAL FOR ONTARIO

RE:

SUBHASH BASANDRA (Plaintiff (Appellant))

– and –

1. DANIEL DALY, BARRISTER
2. FIREMAN LOFRANCO, BARRISTERS
3. MALACH & FIDLER, BARRISTERS & SOLICITORS (Defendants (Respondents))

BEFORE:

GOUDGE, LANG AND JURIANSZ JJ.A.

COUNSEL:

Subhash Basandra in person

Altor Shields for Fireman Lofranco

Bruce Keay For Malach & Fidler

HEARD & ENDORSED:

February 2, 2005

On appeal from the order of Justice James Carnwath of the Superior Court of Justice dated May 21, 2004.

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

[1] The only material before Carnwath J. makes clear that the Malach Fidler account was assessed a decade ago. There is no basis for ordering that this be done again. The appellant put nothing before the application judge to warrant any order against Fireman LoFranco. The appeal must be dismissed. Costs to the respondent Malach Fidler fixed at $1500 all inclusive and to the respondent Fireman LoFranco in the amount of $1000 all inclusive.