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DATE: 20040617
DOCKET: C40950

COURT OF APPEAL FOR ONTARIO

RE: JO-ANNE BELLUZ (Plaintiff/Respondent) v. 779457 ONTARIO LIMITED, ROMAN BARTKIW AND FRANK VANDERVELDE carrying on business as VAN CASTLE HOMES, SOIL-MATE ENGINEERS AND CONSULTANTS LTD., JOHN MONKMAN, JIM ATTICE CO. LTD., JIM'S CEMENT AND THE CORPORATION OF THE TOWN OF DUNDAS (Defendants/Appellants)
   
BEFORE: McMURTRY C.J.O., GILLESE AND BLAIR JJ.A.
   
COUNSEL: James O'Brien for the defendants/appellants
   
  William P. Dermody for the plaintiff/respondent
   
HEARD & ENDORSED: June 17, 2004
   
On appeal from the order of Justice Thomas Loftchik dated October 8, 2003.

APPEAL BOOK ENDORSEMENT

[1] We do not find any error in principle in the decision arrived at by the motions judge. The appeal is therefore dismissed with costs fixed in the amount of $3,500.00 plus GST.

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