Court of Appeal for Ontario

Citation: Universal Game Farm Inc. v. Ontario, 2008 ONCA 334

Date: 2008-04-30

Docket: C47753

Between:

Universal Game Farm Inc. and Proud Custom Scraping Ltd.

Plaintiffs (Appellants)

and

Her Majesty the Queen in Right of Ontario

Defendant (Respondent)

Before: O’Connor A.C.J.O., Watt J.A. and Hackland J. (ad hoc)

Counsel:

Walter Fox for the appellants

William MacLarkey for the respondent

Heard: April 29, 2008

On appeal from the order of Justice Margaret Eberhard of the Superior Court of Justice dated August 27, 2007.

APPEAL BOOK ENDORSEMENT

[1] For the reasons given by the motion judge, we agree that the harvest procedure was simply a hunt by another name.

[2] Accordingly, the appeal is dismissed. Costs to the respondent are fixed in the amount of $9,000, inclusive of disbursements and GST.