Court of Appeal for Ontario

Citation: Caton v. Ferraro, 2010 ONCA 644

Date: 20101020

Docket: C51227

Before: Doherty, Feldman and Rouleau JJ.A.

Between:

Alfred Caton

Plaintiff (Appellant)

and

Giuseppe Ferraro

Defendant (Respondent)

Counsel:

Brian A. Pickard, for the appellant

Wayne McCormick, for the respondent

Heard: October 1, 2010

On appeal from the order of Justice Quigley of the Superior Court of Justice dated June 25, 2009.

APPEAL BOOK ENDORSEMENT

[1] The appeal is allowed. The appellant’s action is reinstated on the condition that the respondent shall recover his costs thrown away on the motion and appeal with 60 days of today. Counsel agree that the costs are $13,600. The matter may proceed prior to payment.