DATE: 20060630

DOCKET: C42540

COURT OF APPEAL FOR ONTARIO

RE:

DC FOODS (2001) INC. (Plaintiff (Appellant)) – and – PLANWAY POULTRY INC. (Defendant (Respondent))

BEFORE:

SIMMONS, ARMSTRONG AND LAFORME JJ.A.

COUNSEL:

Douglas Snider

for the appellant

Harold Maltz

for the respondent

HEARD & ENDORSED:

June 29, 2006

On appeal from Justice C. S. Glithero of the Superior Court of Justice dated June 29, 2004.

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

[1] The appellant concedes that this court has no jurisdiction to entertain this appeal. As the question of jurisdiction was never raised by the respondent, in our view, this is an appropriate case to order transfer to the Divisional Court and it is so ordered. Costs thrown away are to the respondent fixed at $750.00.