DATE: 20040706

DOCKET: C41351

COURT OF APPEAL FOR ONTARIO

RE:

MORRIS J. WAXMAN (Applicant/Respondent) – and – CHESTER WAXMAN, ROBERT WAXMAN, GARY WAXMAN, WARREN WAXMAN, LIGHTNING DISTRIBUTION INC., CHW HOLDINGS INC., GAWIX FINANCIAL CORPORATION, WAXTEK METALS INC., I. WAXMAN & SONS LIMITED and CHESTER WAXMAN, WAYNE LINTON AND GARY WAXMAN in their capacities as TRUSTEES OF THE CHESTER WAXMAN FAMILY TRUST (Respondents/Appellants)

BEFORE:

ABELLA, MOLDAVER and BORINS, JJ.A.

COUNSEL:

Alan J. Lenczner, Q.C.

for the appellants

Richard B. Swan and Gideon Forrest

for the respondent

HEARD AND ENDORSED:

July 5, 2004

On appeal from the order of Justice J. Farley of the Superior Court of Justice dated January 14, 2004.

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

[1] In our view, the order of Farley J. is interlocutory. It was made pursuant to Rule 60.12(c) and does not finally dispose of the issues. The appeal lies, with leave, to the Divisional Court.

[2] The appeal is accordingly quashed.

[3] Costs fixed in the total mount of $2,000.00.