CITATION: Mazumder v. Bell Canada, 2007 ONCA 143

DATE: 20070305

DOCKET: C45521

COURT OF APPEAL FOR ONTARIO

RE:

SWAPAN KUMAR MAZUMDER (Plaintiff (Appellant)) – and – BELL CANADA, TAMAS VARGA and PATRICIA McILVEEN (Defendants (Respondents))

BEFORE:

GOUDGE, GILLESE AND LANG JJ.A.

COUNSEL:

Swapan Kumar Mazumder (in person) appellant

Jason Squire for the respondent Bell Canada et al.

HEARD:

March 1, 2007

On appeal from the endorsement of Justice Herman J.W. Siegel of the Superior Court of Justice dated June 5, 2006.

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

[1] Siegel J. carefully reviewed the material before him and concluded as a matter of fact that the appellant has not established that before Rouleau J. Bell Canada misrepresented the applicable software to be the LEC and LTT software. There is no basis for us to interfere with that conclusion. As a result the appeal must be dismissed. Costs to the respondent fixed at $2,500 inclusive of disbursements and G.S.T.