Court of Appeal for Ontario

CITATION: Hennigar v. Target Corporation, 2011 ONCA 449

DATE: 20110610

DOCKET: C53576

COURT OF APPEAL FOR ONTARIO

Laskin, Moldaver and Gillese JJ.A.

BETWEEN

David J. Hennigar and Stephen Mernick

Appellants

and

The Target Corporation, Hudson’s Bay Company, National Realty Development Corporation, Sears Holding Corporation, Sears Canada Inc. and Lasalle Bank ABN Amro

Respondents

Counsel:

Eliezer Karp, for the appellants

Laura K. Fric and Geoffrey E.J. Grove, for Target Corporation

Eliot N. Kolers and Ellen M. Snow, for the Hudson’s Bay Company and National Realty Development Corporation

Shawn T. Irving, for Sears Holdings Corporation and Sears Canada Inc.

Heard: June 10, 2011

On appeal from the order of Justice G.B. Morawetz of the Superior Court of Justice dated April 12, 2011.

APPEAL BOOK ENDORSEMENT

[1] We agree with the reasons of Morawetz J. This appeal has no merit.

[2] The appeal is dismissed with costs as follows:

Target - $10,000 all inclusive

HBC et al - $2,600 all inclusive

Sears - $2,600 all inclusive