DATE: 20031017

DOCKET: C40241

COURT OF APPEAL FOR ONTARIO

IN THE MATTER OF THE BANKRUPTCY OF SALLY CREEK ENVIRONS CORPORATION OF THE CITY OF BRANTFORD, IN THE COUNTY OF BRANT, IN THE PROVINCE OF ONTARIO

BEFORE:

LABROSSE, ABELLA and CRONK JJ.A.

COUNSEL:

David Rubin

for the appellants A. Robert Murphy, A. Robert Murphy Architect Incorporated and Gray Wave Resources Inc.

Murray B. Page, Q.C. and Jane Martin

for the trustee in bankruptcy Beallor & Partners Inc.

No one appearing for the purchaser, Sierra Corporation

HEARD AND ENDORSED:

September 5, 2003

On appeal from the order of Justice Romain Pitt of the Superior Court of Justice dated June 20, 2003.

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

[1] Costs on partial indemnity basis fixed at $8,500 plus G.S.T. payable by the appellants.

Signed: “J.-M. Labrosse J.A.”