Court File and Parties

Court File No. 5/05

SUPERIOR COURT OF JUSTICE (DIVISIONAL COURT)

BETWEEN:

1245094 ONTARIO INC. (Plaintiff)

-and-

BANK OF MONTREAL and SPIN PETROCHEMICALS INC. (Defendants/Appellant)

-and-

ROYAL BANK OF CANADA, ZELLERS INC., ARNOLD MILAN and KHATCHIG ARTINIAN also known as CHRIS ARTINIAN (Third Parties/Respondent)

Endorsement

BEFORE THE HONOURABLE MR. JUSTICE ARCHIBALD On December 15, 2005, at TORONTO, Ontario 361 University Avenue

APPEARANCES

I. Marks, Mr. For Bank of Montreal

K. Podrebarac, Ms. For Zellers Inc.

Thursday December 15, 2005

THE COURT: For oral reasons given, this was clearly an interlocutory order of Master Haberman. This appeal lies to the Superior Court of Justice (s.17(a) of the Courts of Justice Act), not to Divisional Court.

Costs of today are fixed at $3,000, payable by the losing party on the appeal from Master Haberman.