DATE: 20050112

DOCKET: C41742

COURT OF APPEAL FOR ONTARIO

RE:

RICHMOND SQUARE DEVELOPMENT CORPORATION (formerly ROCKWAY CORPORATION), 683023 ONTARIO LIMITED and 683021 ONTARIO LIMITED (Plaintiffs/ Appellants) -and- CANADA TRUSTCO MORTGAGE COMPANY (Defendant/Respondent)

BEFORE:

McMURTRY C.J.O., CATZMAN and LANG JJ.A.

COUNSEL:

F. Scott Turton

for the appellants

John I. Tavel, Q.C. and Joanna Bliss

for the respondent

HEARD AND ENDORSED:

January 12, 2005

On appeal from the judgment of Justice Thea P. Herman of the Superior Court of Justice dated March 23, 2004 and from the costs order of Herman J. dated June 14, 2004.

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

[1] It must be borne in mind that this is an appeal from the decision of Herman J. and not from the report of Master Linton. The objections raised by the appellant in this court were canvassed thoroughly by Herman J. in her careful reasons for decision, and we are not persuaded that they reflect any palpable and overriding error of fact or of fact and law, or any error of law.

[2] Accordingly, the appeal is dismissed with costs fixed in the amount of $25,000, inclusive of disbursements and G.S.T.