DATE: 20051110

DOCKET: C43248

COURT OF APPEAL FOR ONTARIO

RE:

THE SUPERINTENDENT OF FINANCIAL SERVICES (Appellant/Respondent by Cross-Appeal) v. SUSSMAN MORTGAGE FUNDING INC. (Respondent/Appellant by Cross-Appeal)

BEFORE:

DOHERTY, WEILER and MOLDAVER JJ.A.

COUNSEL:

Robert Conway

for the appellant/respondent by cross-appeal

Henry Blumberg and Ronald Segal

for the respondent/appellant by cross-appeal

HEARD:

November 7, 2005

On appeal from the order of the Divisional Court dated December 14, 2004.

E N D O R S E M E N T

[1] We agree with the Divisional Court’s interpretation of s. 8 of the Statutory Powers Procedure Act. We see no merit in the other grounds raised on the cross-appeal, including the question of the costs order imposed by the Tribunal. The cross-appeal is dismissed. No costs.

“Doherty J.A.”

“K.M. Weiler J.A.”

“M.J. Moldaver J.A.”