DATE: 20050323

DOCKET: C42685

COURT OF APPEAL FOR ONTARIO

IN THE MATTER OF THE CONSTRUCTION LIEN ACT R.S.O. 1990 c. C.30

RE:

TCG ASPHALT & CONSTRUCTION INC. (Plaintiff/Appellant) – and – NEWPORT PROPERTIES LIMITED, THE CORPORATION OF THE CITY OF LONDON, CANTEBURY ESTATES LIMITED PARTNERSHIP, RANDA INVESTMENTS LIMITED and PACIFIC & WESTERN TRUST CORPORATION (Defendants/Respondent)

BEFORE:

WEILER, MOLDAVER and MACFARLAND JJ.A.

COUNSEL:

Donald E. Short

for the appellant

Geoffrey P. Belch and Lisa D. Pasternak

for the respondent

HEARD & ENDORSED:

March 22, 2005

On appeal from the judgment of the Divisional Court (J. Douglas Cunningham A.C.J.O., James C. Kent R.S.J. and Colin D. A. McKinnon J.) dated July 7, 2004.

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

[1] For the reasons of the Divisional Court with which we are in substantial agreement the appeal is dismissed. Costs of the appeal to the respondent fixed at $8000 all inclusive.