COURT OF APPEAL FOR ONTARIO

DATE: 20040123

DOCKET: C40022

RE: ROBERT HETHERINGTON AND MAUREEN HETHERINGTON (Plaintiffs (Respondents)) – and – ROBERT CHARLES WATT et al. (Defendants (Appellants))

BEFORE: LABROSSE, MOLDAVER and GILLESE JJ.A.

COUNSEL: Richard H. Parker for the appellant Robert Charles Watt

Charles C. Mark for the respondent Edward Carlton White

HEARD & ENDORSED: January 22, 2004

On appeal from the order of Justice James M. Farley of the Superior Court of Justice dated May 7, 2003.

A P P E A L B O O K E N D O R S E M E N T

[1] In light of the nature and scope of the orders directing the reference, in our view, it was not within the Master’s mandate to determine the “nature of the basis” for the amounts owing to the clients. Accordingly, the appeal is allowed and the order of Farley J. is set aside.

[2] Costs to the appellant fixed at $12,500 inclusive of G.S.T. and disbursements.

Signed: “M.J. Moldaver J.A.”