DATE: 20030627

DOCKET: M28623/C38114

COURT OF APPEAL FOR ONTARIO

RE:

TAMMY BYERS, by her Litigation Guardian DAVID BYERS, GAIL BYERS and the said DAVID BYERS (Plaintiffs/Appellants(Responding Parties)) – and – PENTEX PRINT MASTER INDUSTRIES INC., DOSEY GEORGE BLACK, and CANADIAN PROFESSIONAL ENGRAVERS ASSOCIATION INC. (Defendants/Respondents(Moving Parties))

BEFORE:

CARTHY, LASKIN and BORINS JJ.A.

COUNSEL:

David A. Zuber for the moving party Canadian Professional Engravers Association Inc.

A. Peter Trebuss for the moving parties Pentex Print Master Industries Inc. and Dosey George Black

Wayne P. Cipollone and Mary Marafioti for the responding parties

HEARD:

August 13, 2002

C O S T E N D O R S E M E N T

[1] In our view, the costs of the motion before this court should be reserved to the panel hearing the appeal on its merits.

“J. J. Carthy J.A.”

“John Laskin J.A.”

“S. Borins J.A.”