Court of Appeal for Ontario
JURIANSZ, LAFORME and WATT JJ.A.
BETWEEN:
FRANK D’ADDARIO
Plaintiff (Respondent on Appeal) (Moving Party)
and
BETTY SMITH and CHRIS NAPIOR
Defendants (Appellants) (Respondents on Motion)
Counsel:
Brenda Hollingsworth for the plaintiff (respondent on appeal) (moving party)
Ronald Caza for the defendants (appellants) (respondents on motion)
Heard: January 24, 2008
APPEAL BOOK ENDORSEMENT
1The motion to quash this appeal is allowed because there is no right of appeal from the decision of Justice Kershman denying leave to appeal from the interlocutory decision of Justice Aitken. We are not persuaded that Justice Kershman failed to exercise his jurisdiction to decide the merits of the motion. Costs fixed in the amount of $4,000 inclusive of disbursements and GST.
