DATE: 20041006

DOCKET: C42010

COURT OF APPEAL FOR ONTARIO

RE:

ELEXCO LTD. (Plaintiff/Respondent) v. GREENTREE GAS & OIL LTD. (Defendant/Appellant)

BEFORE:

McMURTRY C.J.O., MacPHERSON AND ARMSTRONG JJ.A.

COUNSEL:

Jacquelyn Stevens

for the appellant

No one appearing

for the respondent

HEARD & ENDORSED:

October 6, 2004

On appeal from the order of Justice Hockin dated May 27, 2004.

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

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