DATE: 20030718

DOCKET: C39390

COURT OF APPEAL FOR ONTARIO

RE: OUTSET MEDIA CORPORATION (Plaintiff/Respondent) v. STEWART HOUSE PUBLISHING INC. and KEN THOMSON (Defendants/Appellants)

BEFORE: O’CONNOR A.C.J.O., MORDEN and SHARPE JJ.A.

COUNSEL: R. Andrew Biggart and John R. Hart for the appellants Robert C. Taylor for the respondent

HEARD: June 18, 2003

ORALLY

RELEASED: June 18, 2003

On appeal from the judgment of Justice Angus D.K. MacKenzie of the Superior Court of Justice dated December 16, 2002.

S U P P L E M E N T A R Y E N D O R S E M E N T

[1] Paragraph 7 of the endorsement released June 26, 2003 is amended to read as follows:

[7] Accordingly, the appeal is allowed with costs to the appellant, Thomson, the judgment as against the appellant, Thomson, is set aside and the motion for summary judgment is dismissed. The costs of the appeal are fixed on a partial indemnity basis in the amount of $12,000, inclusive of disbursements and G.S.T.

[2] Costs in favour of the appellant, Thomson, for the motion in the court below are fixed in the amount of $40,000, inclusive of disbursements and G.S.T. payable in the discretion of the trial judge.