Case Name:

McDougall v. Andre Lanoue Pontiac Buick Inc.

Between

Gerald McDougall, (plaintiff/respondent), and

Andre Lanoue Pontiac Buick Inc. and Craig Lanoue,

(defendants/appellants)

[2006] O.J. No. 1465

Docket: C44721

 Ontario Court of Appeal

 Toronto, Ontario

J.I. Laskin, J.L. MacFarland and H.S. LaForme JJ.A.

Heard: April 13, 2006.

 Judgment: April 13, 2006.

 Released: April 18, 2006.

(3 paras.)

Appeal From:

On appeal from the order of Justice Richard C. Gates of the Superior Court of Justice, dated December 22, 2004 made at Windsor, Ontario.

Counsel:

Samuel A. Mossman for the appellants

Raymond Colautti for the respondent

APPEAL BOOK ENDORSEMENT

The following judgment was delivered by

1     THE COURT (endorsement):-- The defendants did not deliver their affidavit of documents for seven years. Under rule 24, the delivery of the affidavit was a condition precedent to bringing the motion to dismiss for delay.

2     In these circumstances, the motion judge did not err in exercising his discretion by refusing the defendants' motion.

3     The appeal is dismissed without costs.

cp/e/qw/qlrxl/qlcem