Brendan J. Moher

In an addendum to an earlier decision, the Court of Appeal for Ontario awarded costs of $3,000 to the intervenor, payable by the appellant.

A cross-motion against the intervenor was dismissed as abandoned without costs.

The appellant moved for an adjournment of the hearing of the appeal after recently retaining new counsel.

The appeal was from an order refusing to set aside a previous order that struck out the appellants' statement of defence and counterclaim.

The Court of Appeal denied the adjournment and quashed the appeal, finding that the order appealed from was interlocutory, not final.

Therefore, the court lacked jurisdiction, as any appeal from the interlocutory order lies to the Divisional Court with leave.