Court of Appeal for Ontario

CITATION: Satschko v. Ontario, 2009 ONCA 64

DATE: 20090122

DOCKET: C48390

BEFORE: Sharpe, Blair and Rouleau JJ.A.

BETWEEN:

Nicholas (Nick) Satschko and 1424222 Ontario Inc. c.o.b. Adult World Video

Plaintiffs (Appellants)

and

Her Majesty the Queen In Right Of Ontario, Robert Warren, Deborah McCrae, Robert Payne and Suzanne Lizotte

Defendants (Respondents)

COUNSEL:

Edmund Peterson for the appellants

Rochelle Fox for the respondents

Heard: January 21, 2009

On appeal from the final Order of Justice Beth Allen of the Superior Court of Justice dated December 14, 2007.

APPEAL BOOK ENDORSEMENT

[1] We see no error on the part of Allen J. On a previous motion, Spies J. carefully considered the appellants’ statement of claim and struck substantially all of the claims but gave leave to amend. Spies J. also provided guidance as to the defects in the claim and how it might be amended. Allen J. concluded that the present claim repeated allegation that had been struck by Spies J., failed to remedy the defects identified by Spies J. and added additional claims none of which was viable. We agree and see no basis to interfere. Appeal dismissed. Costs to the respondent fixed at $10,000 inclusive of disbursements and GST.

“Robert J. Sharpe J.A.

“R.A. Blair J.A.”

“Paul Rouleau J.A.”