DATE: 20040220

DOCKET: C40242

COURT OF APPEAL FOR ONTARIO

RE:

BANK OF MONTREAL (Applicant (Appellant)) – and – CLARICA LIFE INSURANCE COMPANY (Respondent (Respondent in Appeal))

BEFORE:

ROSENBERG, MacPHERSON JJ.A. and LANE J. (ad hoc)

COUNSEL:

David A. Housman

for the appellant

Sharon M. Addison

for the respondent

HEARD & ENDORSED:

February 19, 2004

On appeal from the order of Justice Sidney N. Lederman of the Superior Court of Justice dated June 4, 2003.

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

[1] The appeal is dismissed as abandoned. In the circumstances, given the impact of the decision of the Supreme Court of Canada in Crystalline Investments Ltd. v. Domgroup Ltd., 2004 SCC 3, [2004] S.C.J. No. 3, this is a proper case that we exercise our discretion under rule 61.14(3) and accordingly there will be no costs.

Signed: “Rosenberg J.A.”