COURT OF APPEAL FOR ONTARIO
RE:
GEORGE THOMAS REID, SUSAN FAYE REID and TREVOR ROBERT REID (Plaintiffs) (Respondents) – and – PADDON + YORKE INC., Trustee in Bankruptcy, on behalf of the Estate of STEVE JOHNSTON, operating as ACME CONTRUCTION and LINDSAY GILLESPIE (Defendants) (Appellant)
BEFORE:
WEILER, LASKIN and MacPHERSON JJ.A.
COUNSEL:
Richard F. Horack
for the appellant
David A. Morin
for the respondents
HEARD & ENDORSED:
November 10, 2003
On appeal from the judgment of Justice Clair Marchand of the Superior Court of Justice dated October 11, 2002.
A P P E A L B O O K E N D O R S E M E N T
1In our view, on the principles set out in Ball v. Donais, the orders under appeal are interlocutory as they do not finally dispose of the rights of the parties.
2The appeal is quashed.
3Costs fixed in the amount of $1,500 to the respondents without prejudice to the appellant to move for leave to appeal to the Divisional Court.