The appellant appealed an order from Henderson J. dismissing a motion to set aside a summary judgment order granted by Donohue J. The Court of Appeal found that it lacked jurisdiction to hear the appeal because the order of Henderson J. was interlocutory rather than final, and any appeal from that order lies to the Divisional Court with leave.
The appellant was also out of time to appeal the original summary judgment order and had not sought an extension of time.
The appeal was quashed and costs were awarded to the respondents.
