Appeal quashed; order adding defendants was interlocutory because it did not finally determine the limitation period defence.
The moving parties (plaintiffs) brought a motion to quash the responding parties' appeal of an order adding them as defendants in a medical malpractice action.
The moving parties argued the order was interlocutory and should be appealed to the Divisional Court.
The responding parties argued the order was final because it definitively dismissed their limitation period defence.
The Court of Appeal held that the motion judge's findings regarding the limitation period were preliminary and did not preclude the responding parties from pleading the defence at trial.
Consequently, the order was interlocutory, the appeal was quashed, and the matter was transferred to the Divisional Court.
Zimmerman v. McNaull, 2026 ONCA 307
