DATE: 20060412

DOCKET: C43543

COURT OF APPEAL FOR ONTARIO

RE:

SHENGLIN XIAN (Applicant/Respondent) –and- YANG XIAO, LIPING HAN and THE FINANCIAL ADVISORS ASSOCIATION OF CANADA, Carrying on business as ADVOCIS (Respondents/Appellants)

BEFORE:

LABROSSE, DOHERTY AND ROULEAU JJ.A.

COUNSEL:

Tony S.K. Wong and Simon Henney

for the appellant

David A. Brooker

for the respondent

HEARD & ENDORSED:

April 11, 2006

On appeal from the order of Justice William P. Somers of the Superior Court of Justice, dated April 21, 2005 made at Toronto, Ontario.

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

[1] The parties undertook to be bound by the confidentiality regime of the Advocis disciplinary proceedings and should be held to their undertaking.

[2] The order of Somers J. is varied by adding to paragraph 1 of the order, “unless excluded in paragraphs (a), (b), (c) and (d) of the definition of ‘Confidential Information’ of the agreement (page 33).”

[3] We fix costs payable to the appellants at $2,500.00.