COURT OF APPEAL FOR ONTARIO
RE:
EMAD ELGUINDY (Plaintiff/Appellant) – and – AMEX BANK OF CANADA (Defendant/Respondent)
BEFORE:
LASKIN, ARMSTRONG AND LAFORME JJ.A.
COUNSEL:
Emad Elguindy
in person
Sarah Millar
for the respondent
HEARD & ENDORSED:
October 4, 2006
On appeal from the order of Justice Rose Boyko of the Superior Court of Justice, dated May 18, 2006.
A P P E A L B O O K E N D O R S E M E N T
1The order under appeal is interlocutory. The sanction in paragraph 4 of the order providing that the claim may be dismissed for failure to comply with paragraphs 1, 2 and 3, does not convert the order into a final order for the purpose of appeal.
2This appeal is therefore quashed for lack of jurisdiction. The respondent is entitled to costs fixed in the amount of $1,500.00, all inclusive.