Court of Appeal for Ontario

Citation: Hewitt v. Rennie, 2008 ONCA 739

Date: 2008-10-27

Docket: C48586

Between:

Robert Hewitt

Plaintiff (Respondent)

and

Blair Andrew Rennie

Defendant (Appellant)

Before: Laskin, Borins and Feldman JJ.A.

Counsel:

Dan MacKeigan for the appellant

Anthony Steele for the respondent

Heard: October 24, 2008

On appeal from the order of Justice John F. McGarry of the Superior Court of Justice dated February 27, 2008.

APPEAL BOOK ENDORSEMENT

[1] The motion judge was correct in dismissing the motion in the circumstances of this case. He was entitled to conclude that the consent dismissal of the lien claim was a dismissal of that claim, and not the plaintiff’s claim in the second action for the cost of the work that he did on the premises. We agree with the motion judge’s determination of the limitation issue.

[2] The appeal is dismissed with costs fixed at $5,000 inclusive of disbursements and GST.