DATE: 20060510

DOCKET: C44825

COURT OF APPEAL FOR ONTARIO

RE:

IKO INDUSTRIES LTD. (Plaintiff/Respondent) -and- NORMAN GRANT, PIERRE LAUZON and WAYNE FRASER personally and as representatives of all the members of UNITED STEELWORKERS OF AMERICA, LOCAL 8580 and JOHN DOE and JANE DOE (Defendants/Appellants)

BEFORE:

LABROSSE, WEILER AND BLAIR JJ.A.

COUNSEL:

Sean Dewart and

Michelle Flaherty

for the appellants

Angus T. McKinnon

for the respondent

HEARD & ENDORSED:

May 9, 2006

On appeal from the order of Justice Robert J. Smith of the Superior Court of Justice, dated January 26, 2006 made at Ottawa, Ontario.

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 appeal is with respect to paragraph 4(d) of the order of Smith J. This part of this order is not an order made under s. 102 of the Courts of Justice Act.

[2] We would dismiss the appeal on the issue of jurisdiction. Costs fixed at $7,000.00 all inclusive.