DATE: 20050907

DOCKET: C42880

COURT OF APPEAL FOR ONTARIO

RE:

SCARBOROTOWN CHRYSLER DODGE JEEP LTD., carrying on business as QUEST AUTOMOTIVE LEASING SERVICES (Plaintiff/Respondent) – and – REX AUTOMOBILES INC., LAYLA ALIZADEH and FARHAD TAVAF-RASHTI (Defendants/Appellants)

BEFORE:

LASKIN, SHARPE and JURIANSZ JJ.A.

COUNSEL:

Brian Metson

for the defendants/appellants

William F. Kelly

for the Respondent

HEARD & RELEASED ORALLY:

September 02, 2005

On appeal from the order of Justice Myrna L. Lack of the Superior Court of Justice dated December 13, 2004.

E N D O R S E M E N T

[1] The appellant concedes that the material before the motion judge and the material before this court do not disclose a genuine issue for trial, but argues that the motion judge should have granted an adjournment. Counsel, in oral argument, did not identify any genuine issue for trial. In the absence of some substantial wrong or miscarriage of justice, the appeal is dismissed with costs fixed in the amount of $4,500 inclusive of disbursement and G.S.T.

“J.I. Laskin J.A.”

“Robert J. Sharpe J.A.”

“R.G. Juriansz J.A.”