CITATION: Rosati v. Regimenti, 2007 ONCA 705

DATE: 20071016

DOCKET: C46708

COURT OF APPEAL FOR ONTARIO

ROSENBERG, CRONK and LANG JJ.A.

BETWEEN:

JOSEPH ROSATI and LINDA ROSATI

Applicants (Respondents on Appeal)

and

LAURA REGGIMENTI

Respondent (Appellant on Appeal)

Salvatore Garcea for the appellant

Chris Argiropoulos for the respondents

Heard and endorsed: October 5, 2007

On appeal from the order of Justice David Steinberg of the Superior Court of Justice dated January 24, 2007.

APPEAL BOOK ENDORSEMENT

[1] We are satisfied that the application judge properly applied the Miglin test and accordingly we see no basis for setting aside his decision.

[2] We see no merit to the appellant’s complaint regarding disclosure to the respondents. Counsel for the appellant properly acknowledges that documentary disclosure was made. The fact that the appellant did not herself review the documents disclosed, or seek legal advice concerning them does not establish inadequate disclosure by the respondents.

[3] Accordingly, the appeal is dismissed with costs fixed at $3,000 inclusive of G.S.T. and disbursements.