COURT OF APPEAL FOR ONTARIO
RE:
CERTAS DIRECT INSURANCE COMPANY (Plaintiff (Appellant)) – and – SCOTT LALIBERTE (Defendant (Respondent))
BEFORE:
MOLDAVER, GILLESE and BLAIR JJ.A.
COUNSEL:
Ryan M. Naimark
for the appellant
Bert Raphael, Q.C.
for the respondent
HEARD & ENDORSED:
June 3, 2004
On appeal from the order of Justice Gordon P. Killeen of the Superior Court of Justice dated November 3, 2003.
A P P E A L B O O K E N D O R S E M E N T
1In our view, the order of Killeen J. is interlocutory (see Fallon v. Root, [1997] O.J. No. 2546 (C.A.) and General Capital Growth Ltd. v. City of Burlington et al. (1979) 1979 1894 (ON CA), 24 O.R. (2d) 669 (C.A.).
2Accordingly the appeal is quashed. Costs to the respondent in the amount of $3,500 inclusive of GST and disbursements.