DATE: 20060512

DOCKET: C44169

COURT OF APPEAL FOR ONTARIO

RE:

R.E. JAMES MECHANICAL LTD (Plaintiff/Appellant) – and – BKS COLLISION AND CUSTOM (Defendant/Respondent)

BEFORE:

ACJO O’CONNOR, DOHERTY and MACFARLAND JJ.A.

COUNSEL:

Shawn M. Philbert

for the plaintiff/appellant

No one

for the respondent

HEARD & ENDORSED:

May 10, 2006

On appeal from the order of Justice E. R. Kruzick of the Superior Court of Justice dated August 25, 2005

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

[1] The appeal is dismissed. We note that in his order, the motion judge did not address the relief sought in the notice of motion under rule 8.06(3). It is clear to us that the order of the motion judge does not preclude the appellant from bringing a further motion for the relief provided in that rule upon proper service of the two individuals alleged to be partners.

[2] There is no order as to costs.