COURT FILE NO.: 639/01

DATE: 20030320

ONTARIO

SUPERIOR COURT OF JUSTICE

DIVISIONAL COURT

O'DRISCOLL, ARCHIE CAMPBELL AND LANE JJ.

B E T W E E N:

REGISTRAR, MOTOR VEHICLE DEALERS ACT

Appellant

- and -

JOHN ROBERT JACOBS

Respondent

Aviva R. Harari, for the Appellant

Malcolm Bennett, for the Respondent

HEARD: March 20, 2003

o'driscoll J.: (Orally)

1Members of the panel have discussed the submissions that we received from counsel and we are unanimously of the view that before we can properly dispose of this appeal we require to be provided with:

(i) all the material before the Court of Appeal for Ontario on the appeal of Mr. Jacobs from his criminal convictions. That is, the transcript, the reasons for conviction by Mr. Justice Fisher, the appeal book, the factums and the reasons of the Court of Appeal for Ontario;

(ii) in addition to this material we will require written submissions from each counsel on the following question: Has the tribunal in its reasons, dated September 5, 2001 allowed a collateral attack on the June 4, 1999 convictions?

2Within three weeks from today counsel are to give a progress report to the Registrar of the Divisional Court and we will then take it from there.

Date of Reasons for Judgment: March 20, 2003

Date of Release: March 25, 2003

COURT FILE NO.: 639/01

DATE: 20030320

ONTARIO

SUPERIOR COURT OF JUSTICE

DIVISIONAL COURT

O'DRISCOLL, ARCHIE CAMPBELL AND LANE JJ.

B E T W E E N:

REGISTRAR, MOTOR VEHICLE DEALERS ACT

Appellant

- and -