DATE: 20060124

DOCKET: C44058

COURT OF APPEAL FOR ONTARIO

RE: JOHN CLARK and ASHLEY CLARK, minors by their Litigation Guardian, Teresa Djonovich (Plaintiffs (Appellant) – and – DAVID G. SIM, ALLTURE LTD., ONTARIO FEDERATION of SNOWMOBILE CLUBS, JOHN CLARK SR., TAMRA BLAIN and PILOT INSURANCE COMPANY (Defendants (Respondent)

BEFORE: MOLDAVER, CRONK and LAFORME JJ.A.

COUNSEL: Stan Raphael Q.C. for the appellant

John R. McCarthy for the respondent

HEARD & ENDORSED: January 23, 2006

On appeal from the order of Justice Bruce Glass of the Superior Court of Justice dated August 11, 2005 made at Barrie, Ontario.

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

[1] We are not persuaded, at this time, that any potential conflict in relation to the respondent will impede her ability to act in the best interests of the children in the context of the litigation. Indeed, the record to date indicates the contrary. Accordingly, we are not persuaded that the motion judge erred.

[2] The appeal is therefore dismissed. Costs to the respondent fixed at $2,500 inclusive of G.S.T. and disbursements.