DATE: 20040930

DOCKET: C41414

COURT OF APPEAL FOR ONTARIO

RE:

SKYE PROPERTIES LIMITED and ROYCOM ENTREPRENEURS LIMITED (Plaintiffs/Respondents) -and- JEFF WU (Defendant/Appellant)

AND RE:

JEFF WU (Plaintiff by Counterclaim/Appellant) -and- SKYE PROPERTIES LIMITED, ROYCOM ENTREPRENEURS LIMITED, JASPER AVENUE LIMITED PARTNERSHIP, 390525 ALBERTA LIMITED, JASPER AVENUE G.P. INC., JOHN HAMPSON, DAVID G. WILLIAMS, JOHN ROY, LOU MAROUN, ROYCOM REALTY LIMITED, ROYCOM SECURITIES LIMITED and ROYCOM ENTREPRENEURS REAL ESTATE FUND LIMITED PARTNERSHIP (Defendants by Counterclaim/Respondents)

BEFORE:

CATZMAN, DOHERTY and JURIANSZ JJ.A.

COUNSEL:

Sheila R. Block and Andrew D. Gray

for the defendant (appellant)/ plaintiff by counterclaim (appellant) Jeff Wu

Warren H.O. Mueller, Q.C. and Robby Bernstein

for the plaintiffs (respondents)/ defendants by counterclaim (respondents)

Skye Properties Limited and Roycom Entrepreneurs Limited and Roycom Entrepreneurs Real Estate Fund Limited Partnership

John L. Finnigan

for the defendants by counterclaim (respondents) John Roy, Lou Maroun, Roycom Realty Limited and Roycom Securities Limited

HEARD AND ENDORSED:

September 29, 2004

On appeal from the order of the Divisional Court (Regional Senior Justice Robert A. Blair, Justice Dennis G. Lane and Justice John dePencier Wright) dated August 12, 2003.

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

[1] Notwithstanding Ms. Block’s capable submissions, we are not persuaded of any error in the decision of the Divisional Court that is the subject of this appeal, and we agree with the reasons given by Blair R.S.J. on behalf of the court.

[2] Accordingly, the appeal is dismissed.

[3] The respondents are entitled to their costs. The costs of those represented by Mr. Mueller will be fixed in the amount of $25,000; and of those represented by Mr. Finnigan, in the amount of $7,500.