DATE: 20051019

DOCKET: C43482

COURT OF APPEAL FOR ONTARIO

RE:

LAURA ROBICHAUD and HARVEY WOODS HOSIERY INC. (Plaintiffs (Appellants)) – and – ROYAL BANK OF CANADA and PRICE WATERHOUSE LIMITED (Defendants (Respondents))

BEFORE:

CATZMAN, BLAIR and ROULEAU JJ.A.

COUNSEL:

James C. Morton

for the appellant

Benjamin Frydenberg

for PricewaterhouseCoopers Inc.

Helen C. Walsh

for Royal Bank of Canada

HEARD & ENDORSED:

October 17, 2005

On appeal from Justice R. J. Haines of the Superior Court of Justice dated April 6, 2005.

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

[1] Counsel for the appellants fairly presented the position of his clients. But we are all of the view that these appeals must fail. Counsel acknowledges that the motion judge correctly stated the principles applicable to the motion to dismiss this action for delay. It was open to him to conclude, as he did, that the delay was inordinate, that a presumption of prejudice arose and that, in the absence of any evidence from the appellants to explain the delay, the action should be dismissed. We are not persuaded that there is any basis on which to disturb the motion judge’s findings.

[2] The appeal is dismissed with costs, fixed in the total sum of $18,456.00 in favour of PricewaterhouseCoopers and in the total sum of $11,590.86 in favour of Royal Bank of Canada. The amounts paid into court as security are to be paid out to each of the respondents in the amounts paid in to the credit of each of them.