DATE: 20050225

DOCKET: C40344

COURT OF APPEAL FOR ONTARIO

RE:

GLASVAN GREAT DANE SALES INC. (Plaintiff/Appellant/ Respondent by way of cross-appeal) – and – ANJUM AHMED QURESHI and ANNA LIISA QURESHI (Defendants/ Respondents/Appellants by way of cross-appeal)

BEFORE:

MACPHERSON, SHARPE and JURIANSZ JJ.A.

COUNSEL:

Douglas E. Snider

for Glasvan Great Dane Sales Inc.

Osborne Barnwell

for Anjum Ahmed Qureshi and Anna Liisa Qureshi

HEARD & ENDORSED:

February 18, 2005

On appeal from the judgment of Justice Alexandra Hoy of the Superior Court of Justice dated June 20, 2003.

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

[1] Both parties appeal from the judgment of Hoy J. dated June 20, 2003.

[2] The trial judge gave detailed reasons carefully reviewing the relevant facts and the various causes of action.

[3] On the appeal, we can see no basis for interfering with the trial judge’s factual findings or legal analysis on the restitution, negligent misrepresentation, conversion and assignment/preference issues.

[4] Similarly, on the cross‑appeal, with respect to the assignment/preference issue, the trial judge’s conclusions combine factual findings and the application of legal principles. We cannot say that these conclusions reflect any ‘palpable and overriding’ error. Nor do we see any basis for interfering with her costs order.

[5] Accordingly, the appeal and cross‑appeal are dismissed, both without costs.