DATE: 20040630

DOCKET: C40932

COURT OF APPEAL FOR ONTARIO

RE:

1349524 ONTARIO LTD. and GRAPHIN S.A. (Applicants) (Respondents) – and – NORTH AMERICAN LOCK CORPORATION, 134093 ONTARIO LTD., 134094 ONTARIO LTD., PHILIP TURK and DAVID TURK (Respondents) (Appellants)

BEFORE:

LASKIN, CHARRON and LANG JJ.A.

COUNSEL:

Alan B. Dryer

for the appellant

Ronald E. Carr

for the respondents

HEARD & ENDORSED:

June 30, 2004

On appeal from the judgment of Justice W. Brian Trafford of the Superior Court of Justice dated October 30, 2004.

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

[1] This appeal, including whether leave is required, is quashed in this court and transferred to the Divisional Court.

[2] The respondents are entitled to their costs thrown away in the amount of $1,000.