Court File and Parties
COURT OF APPEAL FOR ONTARIO
SIMMONS, MACFARLAND AND ROULEAU JJ.A.
BETWEEN:
FOROUZANDEH BOOZARI, EZZAT ROGHAE, AHMAD BOUZARI, AMIR BOOZARI and DEANNA KARiBASION, a minor by her Litigation Guardian, Forouzandeh Boozari
Plaintiffs (Respondent)
And
GORDON WALLACE and WINDSOR CHARTABUS INC.
Defendants (Appellants)
Counsel: Alan L. Rachlin for the appellants Bert Raphael for the respondent
Heard and endorsed: October 17, 2007
On appeal from the order of Justice John H. Brockenshire of the Superior Court of Justice dated January 24, 2007.
APPEAL BOOK ENDORSEMENT
1The formal order from which the appellant appeals provides that the pleadings in the action are opened to permit the respondents to amend the statement of claim to increase the prayer for relief but not for the purpose of allowing the appellants to deliver a jury notice. In our view, the discretionary decision concerning the terms to be imposed in relation to the amendment of pleadings constitutes an interlocutory order. Accordingly, we have no jurisdiction to entertain this appeal.
2The appeal is therefore quashed. Costs of the appeal are fixed at $7000 inclusive of G.S.T. and disbursements.
