COURT OF APPEAL FOR ONTARIO

DATE: 20050726

DOCKET: C41811

RE: DAVID CHRISTOPHER ELLIOTT, ROBERT DAVID ELLIOTT, MAUREEN ELLEN ELLIOTT and KIMBERLY ELLEN DILAURO (Plaintiffs/Respondents) – and – MICHAEL EDWARD FISHER and JAMES D. FISHER (Defendants/Appellants)– and – SHANE BARKER (Third Party/Respondent)

BEFORE: FELDMAN, GILLESE AND LAFORME JJ.A.

COUNSEL: R. D. Rollo for the appellants Kathleen MacDonald for the respondent, Shane Barker

HEARD & ENDORSED: July 20, 2005

On appeal from the order of The Honourable Mr. Justice T.M. Wood, dated April 16, 2004.

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

[1] We see no error in the conclusion reached by the motion judge. We agree that the wording of the release, read as a whole is broad enough to include releases from claims made or to be made by Mr. Fisher for contribution and indemnity against Mr. Barker, whether that was the express intention of all parties at the time or not. The appeal is therefore dismissed with costs payable to the respondent in the amount of $3,500 inclusive of disbursements and G.S.T.