DATE: 20040315

DOCKET: C40354

COURT OF APPEAL FOR ONTARIO

RE: 798839 ONTARIO LIMITED and JACOBUS N. HANEMAAYER (Applicants (Appellants)) – and – ALL-TERRAIN TRACK SALES & SERVICE LTD., AAVDEX CORPORATION and ANDRE JOSEPH BOUDREAU (Respondents (Respondents))

BEFORE: McMURTRY C.J.O., MOLDAVER and CRONK JJ.A.

COUNSEL:

Stephen Lamont For the appellant

Guy A. Wainwright For the respondent

HEARD & ENDORSED March 11, 2004

On appeal from the order of Justice James M. Farley of the Superior Court of Justice dated June 24, 2003.

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

[1] Pursuant to oral reasons of Moldaver J.A., the appeal is allowed and the order of Farley J. set aside and the certificates are confirmed and deemed to have been issued, filed and continued as of September 28, 1997.

[1] In the circumstances we are of the view that the parties should bear their own costs both before Farley J. and in this court.