DATE: 20060501

DOCKET: C42686

COURT OF APPEAL FOR ONTARIO

RE:

DANIEL GARY PREDIE AND JAMES EDWARD MACE AND THE ESTATE OF KENNETH WILLIAM GRAHAM COOKE, DECEASED (Plaintiffs/Appellants) –and- HER MAJESTY THE QUEEN IN THE RIGHT OF ONTARIO AND THE CORPORATION OF THE TOWN OF PARRY SOUND AND THE PARRY SOUND POLICE SERVICES BOARD (Defendants/Respondents)

BEFORE:

LASKIN, BORINS AND JURIANSZ JJ.A.

COUNSEL:

Daniel Predie and James Mace

In person

Benjamin R. Parry and Felix Kei Hei Lau and Michael Miller

for the respondents

HEARD & ENDORSED:

April 27, 2006

On appeal from the judgment of Justice O’Neill of the Superior Court of Justice, dated October 28, 2004.

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

[1] The motion judge gave thorough and careful reasons for granting summary judgment dismissing the plaintiffs’ claim. We agree with these reasons.

[2] In particular, we see no error in the motion judge’s conclusion that the letter to Mr. Kozak, which Mr. Predie found in February, 2003, did not postpone the running of the limitation period.

[3] The appeal is therefore dismissed with costs to Parry Sound in the amount of $4,500, all in, and costs to the Crown of $4,000, all in.