The moving party brought a motion to quash the insurers' appeal of an order denying them leave to amend their pleadings to add the defence of civil fraud.
The moving party argued the order was interlocutory and should be appealed to the Divisional Court.
The Court of Appeal held that an order refusing leave to amend a pleading to advance a new substantive defence is a final order.
Because the order foreclosed the insurers' ability to assert the distinct defence of civil fraud, the appeal properly lies to the Court of Appeal.
The motion to quash was denied.
