DATE: 20040112

DOCKET: C40561

COURT OF APPEAL FOR ONTARIO

IN THE MATTER OF AN APPLICATION UNDER THE COMPANIES’ CREDITORS ARRANGEMENT ACT, R.S.C. 1985, c. C-43

AND IN THE MATTER OF A PLAN OF COMPROMISE OR ARRANGEMENT OF GENERAL PUBLISHING CO. LIMITED, GENERAL DISTRIBUTION SERVICES LIMITED, STODDART PUBLISHING CO. LIMITED, THE BOSTON MILLS PRESS LTD. and HOUSE OF ANANSI PRESS LIMITED and IRWIN PUBLISHING LTD.

BEFORE:

CATZMAN, LASKIN and BORINS JJ.A.

COUNSEL:

Howard Borlack and Lisa La Horey

for the appellant ACE INA Insurance

J.D. Marshall

for the respondent Bank of Nova Scotia

Jeffrey Brown

for the respondents Jack Stoddart et al.

HEARD AND ENDORSED:

January 12, 2004

On appeal from the order of Justice John D. Ground of the Superior Court of Justice dated January 22, 2003 and from the decision on costs dated March 26, 2003.

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

[1] We agree with the decision of Ground J. and with his reasoning as it appears in paras. 6, 7 and 8 of his endorsement.

[2] The appeal is dismissed with costs fixed in the total sum of $10,000.