DATE: 20040113

DOCKET: C40586

COURT OF APPEAL FOR ONTARIO

RE:

TRENT DRUG (WHOLESALE) INC. (Plaintiff/Respondent)

–and– SAM LAKHANI and SNG HOLDINGS INC. and SUN PHARMACEUTICALS INDUSTRIES INC. (Defendants/ Appellants)

BEFORE:

O’CONNOR A.C.J.O., WEILER and GOUDGE JJ.A.

COUNSEL:

Ronald G. Chapman

for the appellants

Gary W. Tranmer

for the respondent

HEARD AND ENDORSED:

January 13, 2004

On appeal from the order of Justice Gordon I. Thomson of the Superior Court of Justice dated August 7, 2003.

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

[1] In our view, the order under appeal is interlocutory, not final. Moreover, the result of the motion, whether brought in Kingston or Toronto, would have inevitably been the same. The appeal is dismissed. Costs are fixed on a partial indemnity basis in the amount of $3,500.00, inclusive of G.S.T. and disbursements.