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     T-1639-96

BETWEEN:

     EXPRESSVU INC.,

     ALLARCOM PAY TELEVISION LIMITED,

     THE FAMILY CHANNEL INC., and

     TMN NETWORKS INC.

     Plaintiffs

     - and -

     NII NORSAT INTERNATIONAL INC. c.o.b. 'AURORA DISTRIBUTING',

     PRICE COSTCO CANADA INC., LONDON DRUGS LIMITED,

     A.C.E. IMPORTS INTERNATIONAL INC.,

     THE (DISCOUNT) STEREO STORE LTD. c.o.b. 'BASE ELECTRONICS'

     BASE ELECTRONICS CORP., A & B SOUND LTD.,

     JERRY'S RADIO & T.V. OF BARRIE LIMITED,

     HI-FI 2000 (YORKDALE) LTD.

     Defendants

     REASONS FOR ORDER AND ORDER

JEROME, A.C.J.:

     On March 10, 1997, I disposed of several preliminary motions in this matter and directed that the parties file written submissions with respect to costs.

     I have considered written submissions on both sides and I do not think it is appropriate for solicitor and client costs or for costs paid forthwith. Only in exceptional cases do I depart from the practice of directing that costs be taxed on a party and party basis to be paid following judgment at trial.

     This is not such an exceptional case situation and therefore I do hereby direct that costs of the motion be to the defendants on a party and party basis in any event of the cause.

O T T A W A

September 10, 1997                      ________________________________

                             A.C.J.


FEDERAL COURT OF CANADA TRIAL DIVISION

NAMES OF COUNSEL AND SOLICITORS ON THE RECORD

COURT FILE NO.: T-1639-96

STYLE OF CAUSE: EXPRESSVU INC., et al.

v. NII NORSAT INTERNATIONAL INC. et al.

PLACE OF HEARING: Toronto, Ontario

REASONS FOR ORDER AND ORDER OF THE ASSOCIATE CHIEF JUSTICE

DATED: September 10, 1997

APPEARANCES

Pat Lassaline

FOR THE PLAINTIFF

William McKenzie

Craig Vanderzee

FOR THE DEFENDANT

A.C.E. Imports

Andrew Roman

FOR THE DEFENDANT

NII Norsat International

SOLICITORS OF RECORD:

Crawford, McKenzie, McLean & Wilford FOR THE PLAINTIFF Orillia, Ontario

Fraser & Beatty FOR THE DEFENDANT

Toronto, Ontario A.C.E. Imports

Miller Thomson FOR THE DEFENDANT

Toronto, Ontario NII Norsat International

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