Gary W. Tranmer

The appellants appealed an order of the Superior Court of Justice.

The Court of Appeal dismissed the appeal, finding that the order under appeal was interlocutory rather than final, and that the result of the motion would have inevitably been the same whether brought in Kingston or Toronto.

Costs were awarded to the respondent on a partial indemnity basis.

The appellant appealed an order of the Superior Court of Justice.

The Court of Appeal determined that because a statement of defence had not yet been delivered and the time for delivery had not expired, the order appealed from could only have been interlocutory, not final.

Consequently, the Court of Appeal lacked jurisdiction to hear the appeal.