DATE: 20060912

DOCKET: C44963

COURT OF APPEAL FOR ONTARIO

RE:

CHRISTINA FLEISCHHACKER by her Litigation Guardian MARIA BURCEA (Plaintiff/Respondent) – and – LEANNE DEKANEAS and DEMETRE DEKANEAS (Defendants/ Appellants)

BEFORE:

MACPHERSON, BLAIR and LAFORME JJ.A.

COUNSEL:

Richard Horodyski

for the appellant

Mark Abradjian

for the respondent

HEARD & ENDORSED:

September 7, 2006

On appeal from the judgment of Justice Joseph R. Henderson of the Superior Court of Justice dated January 26, 2006.

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

[1] We agree with the reasons of Henderson J. for granting summary judgment for possession of the appellant’s property. The appellant’s arguments in corroborating evidence and equitable estoppel are of no avail.

[2] The appeal is dismissed. Costs to the respondent fixed at $7500 inclusive of disbursements and GST.