DATE: 20061219

DOCKET: C45348

COURT OF APPEAL FOR ONTARIO

RE:

LARRY MATTON (Plaintiff (Appellant)) – and – PAUL YARLASKY, BARBARA SHAW (nee HARTWICK), ROBIN LEE CHESTER IRWIN, THE COMMISSIONER OF THE ONTARIO PROVINCIAL POLICE, TERRI REGIMBAL, JOHN BENSON, RONALD DAVIDSON, and HER MAJESTY THE QUEEN IN RIGHT OF THE PROVINCE OF ONTARIO, as represented by THE MINISTRY OF THE ATTORNEY GENERAL (Defendants (Respondents))

BEFORE:

McMURTRY C.J.O., GILLESE and ARMSTRONG JJ.A.

COUNSEL:

Ameena Sultan

for the appellant

Amy Leaman

for the respondents

HEARD AND ENDORSED:

December 14, 2006

On appeal from the judgment of Justice P. C. Hennessy of the Superior Court of Justice dated March 30, 2006.

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

[1] In our view, the notice of appeal and related documents in this appeal should be served on the respondent, Paul Yarlasky, personally as required by the Rules of Civil Procedure. The appeal is adjourned to a date to be fixed by the Registrar after service has been effected. This panel shall remain seized of the matter.