DATE: 20031211

DOCKET: C39696

COURT OF APPEAL FOR ONTARIO

RE:

AND RE:

SUSAN E. RILEY (Plaintiff/Respondent) –and–

INVESTORS GROUP TRUST COMPANY LIMITED and TERRENCE GUILBAULT (Defendants/Appellants)

INVESTORS GROUP TRUST CO. LTD. (Plaintiff by Counterclaim/Respondent) –and– SUSAN ELIZABETH RILEY, TERRENCE GUILBAULT and GOWLING, STRATHY & HENDERSON (Defendants by Counterclaim/Appellants)

BEFORE:

LABROSSE, SHARPE and ARMSTRONG JJ.A.

COUNSEL:

Kevin R. Aalto and Benjamin LaBorie

for the defendant (appellant)/defendant by counterclaim (appellant) Terrence Guilbault

Keith A. MacLaren

for the plaintiff (respondent)/defendant by counterclaim (appellant) Susan E. Riley

HEARD AND ENDORSED:

December 11, 2003

On appeal from the order of Justice James B. Chadwick of the Superior Court of Justice dated February 12, 2003.

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

[1] The order of Chadwick J. dated February 12, 2003 is hereby set aside without prejudice to the rights of the parties. Parties to be at liberty to start new proceedings, if so advised, including the issues that have not been dealt with by Chadwick J.

[2] Costs to the respondents fixed at $9,000.00, all inclusive.