Court of Appeal for Ontario

CITATION: Willi v. Lincoln Park Inc., 2009 ONCA 295

DATE: 20090408

DOCKET: C49237

BEFORE: Laskin, Juriansz and Epstein JJ.A.

BETWEEN

Heidi Willi

Applicant (Respondent)

and

Frank Chapple, Lincoln Park Inc. and Cable 1 Ontario Inc.

Respondents (Appellant)

COUNSEL:

Richard B. Jones, for the appellant

Jan D. Weir, for the repondent

HEARD: April 7, 2009

On appeal from the order of Justice Deena F. Baltman of the Superior Court of Justice dated July 16, 2008.

APPEAL BOOK ENDORSEMENT

[1] We are not persuaded that there is any basis to interfere with the order of Baltman J. She considered the proffered fresh evidence and concluded that it did not demonstrate any ground to set aside the order of Herold J. striking Lincoln Park’s pleading. We agree with her conclusion.

[2] Accordingly, the appeal is dismissed, with costs fixed at $6,000, inclusive of disbursements and G.S.T.