COURT OF APPEAL FOR ONTARIO
RE:
MORRIS J. WAXMAN (Applicant/Respondent) – and – CHESTER WAXMAN, ROBERT WAXMAN, GARY WAXMAN, WARREN WAXMAN, LIGHTNING DISTRIBUTION INC., CHW HOLDINGS INC., GAWIX FINANCIAL CORPORATION, WAXTEK METALS INC., I. WAXMAN & SONS LIMITED and CHESTER WAXMAN, WAYNE LINTON AND GARY WAXMAN in their capacities as TRUSTEES OF THE CHESTER WAXMAN FAMILY TRUST (Respondents/Appellants)
BEFORE:
ABELLA, MOLDAVER and BORINS, JJ.A.
COUNSEL:
Alan J. Lenczner, Q.C.
for the appellants
Richard B. Swan and Gideon Forrest
for the respondent
HEARD AND ENDORSED:
July 5, 2004
On appeal from the order of Justice J. Farley of the Superior Court of Justice dated January 14, 2004.
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 Farley J. is interlocutory. It was made pursuant to Rule 60.12(c) and does not finally dispose of the issues. The appeal lies, with leave, to the Divisional Court.
2The appeal is accordingly quashed.
3Costs fixed in the total mount of $2,000.00.
