COURT OF APPEAL FOR ONTARIO
RE:
TRENT DRUG (WHOLESALE) INC. (Plaintiff/Respondent)
–and– SAM LAKHANI and SNG HOLDINGS INC. and SUN PHARMACEUTICALS INDUSTRIES INC. (Defendants/ Appellants)
BEFORE:
O’CONNOR A.C.J.O., WEILER and GOUDGE JJ.A.
COUNSEL:
Ronald G. Chapman
for the appellants
Gary W. Tranmer
for the respondent
HEARD AND ENDORSED:
January 13, 2004
On appeal from the order of Justice Gordon I. Thomson of the Superior Court of Justice dated August 7, 2003.
A P P E A L B O O K E N D O R S E M E N T
1In our view, the order under appeal is interlocutory, not final. Moreover, the result of the motion, whether brought in Kingston or Toronto, would have inevitably been the same. The appeal is dismissed. Costs are fixed on a partial indemnity basis in the amount of $3,500.00, inclusive of G.S.T. and disbursements.