DATE: 20050811

DOCKET: C43196

COURT OF APPEAL FOR ONTARIO

RE:

THE WINDSOR UTILITIES COMMISSION, WINDSOR CANADA UTILITIES LTD., and ENWIN UTILITIES LTD. (Applicants (Appellants)) – and – HER MAJESTY THE QUEEN (Respondent)

BEFORE:

GOUDGE, SIMMONS AND ARMSTRONG JJ.A.

COUNSEL:

Edward J. Posliff

for the appellant

Laura Webber and J. Semenoff

for the respondent

HEARD & ENDORSED:

August 10, 2005

On appeal from the endorsement of Justice Richard C. Gates 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] In our view the application judge did not err in exercising his discretion to dismiss the application, nor in awarding costs as he did. We should not be taken as agreeing that the discoverability principle applies to this limitation period. We need not decide that in this case. The appeal is dismissed.