DATE: 20040913

DOCKET: C39592

COURT OF APPEAL FOR ONTARIO

IN THE MATTER OF A LEASE made as of the 9^th day of July, 1997 between ESPLANADE IRISH PUBS INC. and GREEY REALTY HOLDINGS LIMITED and GREEY ESPLANADE LIMITED and a second Lease made as of the 1^st day of December, 1997 between 1261083 ONTARIO INC., PRIME RESTAURANT GROUP INC. and GREEY REALTY HOLDINGS LIMITED and GREEY ESPLANADE LIMITED with respect to premises located at 56, 58 and 70 The Esplanade, Toronto, Ontario.

RE:

PRIME RESTAURANTS OF CANADA INC. (Applicant(Tennant)/Respondent in Appeal) – and – GREEY REALTY HOLDINGS LIMITED and GREEY ESPLANADE LIMITED (Respondents(Landlord/)Appellants in Appeal)

BEFORE:

BORINS, LANG and JURIANSZ JJ.A.

COUNSEL:

David R. Rothwell

for the appellant

No one appearing

for the respondent

HEARD & ENDORSED:

September 10, 2004

On appeal from the judgment of Justice Donald R. Cameron of the Superior Court of Justice dated February 4, 2003.

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

[1] On consent, appeal is dismissed without costs.