Court File and Parties

CITATION: Kourzom v. Kourzom, 2007 ONCA 671

DATE: 20071003

DOCKET: C46650

COURT OF APPEAL FOR ONTARIO

MACPHERSON, SHARPE and JURIANSZ JJ.A.

BETWEEN:

VIOLETTE KOURZOM and BASILA KORZOM

Plaintiffs (Respondents)

and

SHERINE KOURZOM and THE WAWANESA MUTUAL INSURANCE COMPANY

Defendants (Appellants)

Counsel: Derek V. Abreu for the appellants Robert J. Kram for the respondents

Heard: September 12, 2007

On appeal from the order of Justice Ernest Loukidelis of the Superior Court of Justice dated February 6, 2007.

ENDORSEMENT

[1] The motion judge followed Misko v. Doe, 2006 31300 (ON SC), [2006] O.J. No. 3624, and denied the appellants leave to issue a third party claim. The appellants conceded in oral argument that their appeal in this case rested on the proposition that Misko v. Doe was wrongly decided. An appeal from that decision was dismissed by this court on September 25, 2007: [2007] ONCA 660. It follows that this appeal must also be dismissed. The respondents are entitled to costs fixed at $3,500 inclusive of disbursements and GST.

“J.C. MacPherson J.A.”

“Robert J. Sharpe J.A.”

“R.G. Juriansz J.A.”