Court File and Parties

Citation: Nagai v. Hamasni, 2008 ONCA 64 Date: 2008-01-29 Docket: C47028

Court of Appeal for Ontario Laskin, Moldaver and Feldman JJ.A.

Between:

Dr. R. Nagai, The Hotel Dieu Hospital, Paul M. Mann, Joseph Dallal and Sullivan Mahoney Defendants (Appellant)

and

Barbara Hamasni, Tala Hamasni and Rani Hamasni and Karim Hamasni, by their Litigation Guardian, Barbara Hamasni, and Choushri Hamasni Roasted Nuts Inc. Plaintiffs (Respondents)

Counsel: Harry Underwood for the appellant Howard R. Blitstein for the respondents

Heard and released orally: January 18, 2008 On appeal from the judgment of Justice David S. Crane of the Superior Court of Justice dated April 10, 2007.

Endorsement

[1] The parties have settled this appeal. A term of the settlement requires that we allow the appeal and set aside the judgment of the trial judge.

[2] We have not had the benefit of a full argument of the appeal. However, we have read the appellant’s factum and his counsel has taken us to those paragraphs that would justify our allowing the appeal and ordering a new trial.

[3] Counsel for the respondents has conceded that there is a basis for us to do so. Taking into account the public interest in settling litigation, we are satisfied that it is appropriate to approve the order sought by the parties.

[4] Accordingly, the appeal is allowed, the judgment of the trial judge is set aside, and the action is dismissed in accordance with the minutes of settlement.

“John Laskin J.A.”

“M. Moldaver J.A.”

“K. Feldman J.A.”