DATE: 20060223

DOCKET: C44310

COURT OF APPEAL FOR ONTARIO

RE:

AMERICAN GREETINGS CORPORATION, PLUS MARK INC., and LEARNING HORIZONS INC. (Respondents) –and- HAROLD HINN (Appellant)

BEFORE:

LABROSSE, BLAIR AND ROULEAU JJ.A.

COUNSEL:

Davide V. Cortinouis

for the appellant

Michael McGraw

for the respondent

HEARD & ENDORSED:

February 23, 2006

On appeal from the judgment of Justice P. Theodore Matlow of the Superior Court of Justice, dated September 29, 2005 made at Toronto, Ontario.

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

[1] We fail to see what cross-examination would have accomplished in this case, by the last minute request of the appellant.

[2] The Forbearance Agreement was breached when the appellant failed to provide access to the documents.

[3] We see no basis why the respondent could not enforce its rights under the Guarantee.

[4] The debt is still owing.

[5] The appeal is dismissed. Costs fixed at $5,000.00.