COURT OF APPEAL FOR ONTARIO

DOHERTY, ROSENBERG and BLAIR JJ.A.

BETWEEN:

MINTZ & PARTNERS LIMITED in its capacity as Receiver and Manager of the property known as Municipally 7 Bellwoods Avenue, Toronto, ON

Applicant/Respondent in Appeal

and

KERRY J. D. WINTER

Respondent/Appellant

M. L. Solomon, for the appellant/moving party Kerry Winter

W. E. Kay, for the applicant/respondent in appeal Mintz & Partners

Heard: March 6, 2008

On appeal from the order pronounced by The Honourable Justice Gerald F. Day dated August 29, 2007

APPEAL BOOK ENDORSEMENT

[1] The appeal has been settled. The appeal is dismissed without costs.