DATE: 20060502

DOCKET: C44260

COURT OF APPEAL FOR ONTARIO

RE:

MERIDIAN CREDIT UNION LIMITED (Plaintiff) – and – 984 BAY STREET INC., and DEVENDRANAUTH MISIR also known as DEV MISIR (Defendants)

BEFORE:

ROSENBERG, MOLDAVER and LANG JJ.A.

COUNSEL:

Sean Cumming

for Integrated Health Investments Corporation

Benjamin Salsberg

for Bay Wellesley Health Services

Paul G. MacDonald and Jason Murphy

for KPMG, the Receiver

Martin Kaplan

Meridian Credit Union Limited

HEARD & ENDORSED:

April 28, 2006

On appeal from the order of Justice John D. Ground of the Superior Court of Justice dated September 6, 2005.

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

[1] See endorsement in Court File C44279. For those reasons, appeal allowed, order set aside and the matter remitted to the Superior Court of Justice with costs fixed at $4,000 inclusive of G.S.T. and disbursements. Costs of the motion reserved to the judge hearing the matter.