DATE: 20050708

DOCKET: C43069

COURT OF APPEAL FOR ONTARIO

RE:

HEMCHAND RAMLALL (Plaintiff/Appellant) v. THE GOVERNMENT OF THE PROVINCE OF ONTARIO (Defendant/ Respondent in Appeal)

BEFORE:

DOHERTY, MACPHERSON and CRONK JJ.A.

COUNSEL:

No one appearing for the appellant

Shaun Nakatsuru

for the respondent

HEARD & ENDORSED:

July 6, 2005

On appeal from the judgment of Justice C. Horkins of the Superior Court of Justice dated February 11, 2005.

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

[1] The appellant has not appeared as of 11:15 a.m. Having regard to his failure to appear and the absence of any merit in the appeal, we are satisfied that the appeal should be dismissed. In assessing the merits of the appeal, we have been assisted by the thorough and well-reasoned judgment of the trial judge. Costs to the respondent fixed at $1,500.00.

[2] We would note that the appellant was advised of this date by letter dated April 1, 2005.

[3] Appeal dismissed.