COURT OF APPEAL FOR ONTARIO
LASKIN, LANG and JURIANSZ JJ.A.
BETWEEN:
ROBERT NICHOLSON
Plaintiff (Respondent/Moving Party)
and
SUN LIFE ASSURANCE COMPANY OF CANADA
Defendant (Appellant/Responding Party)
Rudy V. Buller for the appellant/responding party
William G. Scott for the respondent/moving party
Heard: November 1, 2007
On a motion to quash the appeal from the order of Justice Joseph R. Henderson of the Superior Court of Justice dated April 25, 2007.
APPEAL BOOK ENDORSEMENT
1In our view, the order of Henderson J. is interlocutory. It does not dispose of any substantive defence.
2Accordingly, the motion is granted and the appeal is quashed with costs fixed in the amount of $1,000, inclusive of disbursements and G.S.T.