COURT OF APPEAL FOR ONTARIO

DATE: 20001208

DOCKET: M26714

RE: RTO ASSET MANAGEMENT INC. (Plaintiff (Respondent)) v. BREWERS RETAIL INC. (Defendant (Appellant))

BEFORE: McMURTRY C.J.O. (In Chambers)

COUNSEL: Geoff R. Hall and Sarah Chesworth

For the appellant (defendant)

Robert B. Cohen

For the respondent (plaintiff)

HEARD: DECEMBER 7, 2000

On appeal from the judgment of Justice John Wilkins dated November 16, 2000.

E N D O R S E M E N T

[1] I am of the view that the applicant has met the three tests that must be satisfied in relation to an application for an order staying the judgment of the Honourable Mr. Justice Wilkins dated November 16, 2000 and it is so ordered on the following conditions:

(a) The appellant is to advise the court reporter preparing the transcript of evidence that this court wishes the transcript to be completed and filed on an expedited basis.

(b) The hearing of the appeal is to be expedited.

[2] The costs of the application is to be reserved to the panel hearing the appeal.

“McMurtry C.J.O.”